New Tampa homeowner wins judgment against homeowners association |
Article Courtesy of The Tampa Bay Times By Dong-Phuong Nguyen Published November 2, 2012 NEW TAMPA — In January 2002, the Pebble
Creek Homeowners Association dispatched a lawn crew to a couple's property to
replace sod that had died during a record drought. Then they billed the homeowners for the job. Retired police captain Ed Simmons and his
wife Billye disputed the actions of the association and refused to pay. That sent the $2,212 bill into the center of
various lawsuits between both parties that has spanned more than a decade. On Sept. 21, the Simmonses were handed a
victory after a judge agreed that the association did not follow its own
governing documents and failed to properly authorize the charge and a subsequent
lien it had placed on the house. The cost to the Simmonses in pursuit of
justice? More than $220,000. "A $2,212 grass bill and I spent almost
a quarter of a million dollars to defend?" Ed Simmons said. "It just
doesn't sound right. This has been an absolute nightmare." The almost 11-year case came to its lengthy
and pricey conclusion when Hillsborough Circuit Judge James Barton granted the
Simmonses almost $145,000 in damages. (His order contained a mathematical error
and a motion was filed to adjust the amount to the correct sum of $85,000.) Attorneys from both sides must now schedule a
case management conference to determine if the couple should be reimbursed for
any of their legal fees, and if so, how much. Simmons said he has spent $222,000
so far. Historically, whenever associations lose
court fights, residents have been left with the bill. For example, in 2006, the Magnolia Trace
Homeowners Association sued a resident over a painted sidewalk. The association
lost the case, which lasted two years. Homeowners in this of cluster of 88 homes,
also in New Tampa, had to pay $600 each over five years to cover attorney's fees
from both sides. In his order, Judge Barton characterized the
Pebble Creek case as the "Anatomy of an HOA dispute run amok." The saga began when the Simmonses refused to
pay the full amount of the job, claiming they were not only being singled out,
but they were also billed for sod that was laid down on portions of land owned
by the county. That's when the HOA took the couple to court.
Over the course of the next 10 years, the case trudged its ways through six
judges, a jury trial and three appeals. In this latest review, which both sides had
agreed to seek without a jury, Barton found that:
Ed Simmons, who continues to rent out the
property, said he wants his legal fees back and he wants to sell the house. He also hopes the end is truly near. But will the association appeal? And will
Pebble Creek homeowners be left with a massive legal bill? Association President Dan Logan, through the
property management company, referred all calls to attorney Ricky L. Thacker. Thacker did not return phone calls for comment. |