Homeowners growing tired of legal tangle
Article Courtesy of the Miami Herald

 
BY MICHAEL VASQUEZ
Posted on Sun, September 21, 2003

Residents growing weary!

Doral Place Master Homeowner's Association President Vicente Pena calls it ``the proverbial slow wheels of justice.''

Since May, Doral Place residents have been shut out of their community pool because the property was auctioned off by Miami-Dade County for overdue property taxes. Doral Place's management company, the Continental Group, has admitted it goofed by not paying the taxes.

In recent months, an attorney provided to the community by Continental's insurance company has been trying to secure access for the residents while the pool's ownership issues are worked out.

Problem is the court hearing on the subject keeps getting delayed.

Earlier this month, a scheduled hearing was postponed for the third straight time. This latest delay was prompted by the fact that the attorney for the pool property's new owner -- R-U--4 Real and For Sale By Owner Realty -- had fallen ill.

Meanwhile, the more than 300 families who call Doral Place home have grown impatient as the court battle drags on. Some residents, eager to punish Continental for its mistake and thinking hardball tactics might speed up the process, have demanded that the company be sued.

Yet Pena has been reluctant to sue right now, saying it would only complicate matters. The homeowners association's private attorney has echoed this sentiment, predicting that a lawsuit filed now would effectively throw the matter back to square one.

There is also the issue of how much to sue for, Pena said Thursday. Until the pool is returned to the community, Pena said, the question of damages remains an open one. With each additional day, that damage grows a little greater.

''It's in the process already,'' Pena said. ``It would just complicate matters more if we were to sue at this time.''

But Pena did not rule out suing, saying he would deal with the matter at the homeowners association meeting Wednesday.

The association's board seemingly had made a decision in August. Pressured by angry residents, board members agreed to file suit against Continental should the next court hearing be delayed.

The delay did take place but the lawsuit has not yet materialized. Resident Gladys Romero is starting to think the board is a little gun-shy when it comes to Continental.

''They haven't even fired them yet,'' Romero said.

Board member Brian Creighton said in an interview Thursday he is ready to sue Continental and the county tax assessor's office. The homeowners association believes the agency erred in the way it levied taxes on the pool property.

''We need to take the bull by the horns and stop pussyfooting around,'' Creighton said.

The board will likely file suit against the county assessor's office early next week, said attorney W. Todd Boyd. He was hired by Continental's insurance company to help residents regain the use of their pool.

The county denies the assessor's office did anything wrong.

Boyd remembered the board had also promised to sue Continental back in August.

''That was certainly said at the meeting,'' Boyd said. ``Nothing has come of that.''

Boyd declined to comment further on the matter, as he could not take part in such a lawsuit due to his ties to Continental's insurance company. Those ties illustrate another potential drawback should the homeowners sue Continental: They would have to start footing some legal bills themselves.


Residents fuming over loss of pool - Village of Doral Place, Miami