Homeowners Association Loses Bid To Increase Annual Dues


 

December 19, 2004  

 

NEW PORT RICHEY - A second skirmish in a battle over deed restrictions in Gulf Harbors Woodlands has been won by opponents of a large jump in annual homeowner association dues for legal expenses.

But an association leader pledged to pursue deed restriction lawsuits, such as one tentatively scheduled to go to trial in January.

In September, the association passed a one-time assessment for legal expenses, asking for $125 from each of 368 households in this coastal community along Marine Parkway west of U.S. 19.

Residents last week rejected also increasing annual dues - which would have boosted the legal budget further.

The proposal would have raised dues to more than $400 a year instead of about $300 a year, opponents said.

The proposal failed on a vote of 137-93, according to Lynn Johnson. She and her husband, Tom, are among a handful of residents being sued.

``We had an overwhelming win,'' Lynn Johnson said.

The couple and about 30 other residents had canvassed the neighborhood to lobby against increasing dues.

The case against the Johnsons, filed on March 17, 2003, is supposed to go to trial Jan. 23 in circuit court.

The association is seeking an injunction against a large, jungle-gym-style playground the Johnsons put up in the yard of their Lawrence Lane home for their two children.

The association ``definitely won't have enough money to go to a jury trial,'' Johnson speculated.

Association president John T. Kreider disagreed.

``I assure you the board will vigorously defend our covenants and bylaws,'' he said.

``Absolutely,'' Kreider replied when asked about the association pursing the lawsuit against the Johnsons in January.

A secretary for attorney Russell Marlowe, who is handling the lawsuit for the association, said he wouldn't comment on the case.

Attorneys for the Johnsons and other residents continue to challenge the legality of the covenants and bylaws because they contend the association botched filing the original legal documents in August 1975.

Even though the annual budget increase failed, Kreider said about 95 percent of residents have paid the $125 one- time assessment passed in September.

Kreider said only four residents are causing problems.

Jack Hickey, another resident who settled a lawsuit with the association about a year ago, said the problems are more widespread than that.

Hickey said past association presidents had confided about their opposition to increasing annual dues for legal expenses.

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