Community moves on, but cases linger

Getting legal resolution to the suits that sprang from a Pebble Creek

resodding job is like, well, watching grass grow.

Article Courtesy of  St. Petersburg Times

By MICHAEL VAN SICKLER
Published December 19, 2004

PEBBLE CREEK - It has been nearly three years since a homeowners association board tore out a private lawn and billed its owners, without their consent, for new sod and labor.

A new crop of officers now runs the Pebble Creek Homeowners Association.

But the case of Ed Simmons' lawn is still in court.

"I'm getting awfully tired of nothing happening," said Simmons, a retired Tampa police officer. "This should have been taken care of a long time ago."

The situation, in 2002, raised eyebrows as the property manager, who sat on the Pebble Creek Homeowners Association board, saw his company gross $2,212 for the resodding job.

"It's a much better board than three years ago," Simmons said. Michael Meggison, the former manager, no longer is a member. His contract as property manager wasn't renewed this spring by the new board, either. Meggison declined to comment.

The board in 2002 put a lien on Simmons' house and sued him when he refused to pay the landscaping bills. He countersued in April 2003, accusing the board of breaching its authority. The two cases remain mired in court and unresolved.

In June 2003, County Judge Paul Huey ruled that Pebble Creek had the authority to replace the lawn without getting permission from Simmons or his wife, Billye. The association, which enforces deed restrictions for 1,049 homes north of Cross Creek Boulevard, had given the couple plenty of warning, Huey wrote.

But Huey didn't rule on whether the Simmonses must pay attorney fees and lawn costs and whether the association abused its power by not seeking alternatives before placing a lien on the house.

Burton Williams, the attorney hired by the Simmonses, said he sought to resolve the case by jury trial earlier this year, but that was delayed when Huey was reassigned. The new judge, Michelle Sisco, delayed the case further when she left for maternity leave. She has yet to rule on whether the case will go to trial.

Meanwhile, Williams filed an appeal in Circuit Court contesting Huey's ruling that the association had the power to replace the lawn.

"In all due respect to Judge Huey, there's no case law to support his judgment," Williams said. "We think we have an excellent chance to get a reversal."

Williams filed his appeal this spring, but it hasn't moved too far in the system, either.

"Everything's in limbo because our court system is overworked," Williams said.

This case has become a relic to a time in which association boards wielded more power. A new state law stops association boards from foreclosing on homeowners who don't pay fines. The new law also sends homeowners and their associations into mediation before before using the courts, something that did not happen in Pebble Creek Homeowners Association vs. Edward L. Simmons.

"We're pretty well vindicated by the new homeowner statutes," Williams said. "But the law at the time will have to be the one that is applied to this case."

He said he didn't see a quick conclusion coming.

"This is a long time from being settled," Williams said.

And that's what worries Simmons.

He has already paid about $10,000 in legal fees. He'd like to know if the courts will order the association board to pick up that expense. He'd also like to know if he will end up paying the $30,000 in legal fees the board says it has paid.

"It's costing too much money," Simmons said. "We're pretty convinced we're right. I can't say we'll win, though."