|
4-Year Dispute About Lawn Will Be Heard By Jury |
|
Article Courtesy of The Tampa Tribune By
GEORGE WILKENS TAMPA - A lawsuit triggered by a complaint about a drought-wilted lawn has spawned a countersuit, generated motions heard by five county judges and even gone before an appellate panel. Now, after four years of legal wrangling, the case is scheduled for a jury trial Monday in Hillsborough County Court. The Pebble Creek Homeowners Association lawsuit and the countersuit by Edward L. Simmons have generated combined legal fees exceeding half the value of the $215,000 New Tampa house where the deed-restriction complaint originated. "This is an issue that's out of control, driven by attorney fees," Simmons said this week. Simmons first was warned in August 2000 that the lawn at the rental property he owns at 9769 Fox Hollow Road did not meet the community standard of being green and relatively weed-free. The turf war escalated 16 months later when the association replaced the lawn, billing Simmons $2,212 for sod and labor. Simmons refused to pay. The association placed a lien on the house. Simmons contested the lien. "Once I did that, they actually filed a lawsuit," he said. "I contend my lawn was not in violation. I contend it was absolutely no worse than anyone else's and better than most" during that period of drought, Simmons said. Pebble Creek is a deed-restricted community in which the homeowners association can penalize violators. Simmons, a real estate broker and retired Tampa police captain, contends the association "abused its authority" and trespassed. He and his attorney, Burton Williams, have been unable to find any case in the nation in which an HOA entered a property and made repairs without a court order or the owner's consent. Paul Huey, the second judge assigned the case, ruled in June 2003, however, that covenants homeowners sign provide clear authority for the association to make such improvements. At a hearing Nov. 20, 2003, Huey granted a partial summary judgment dismissing most of Simmons' claims of breach of fiduciary duty filed against two Pebble Creek HOA officers. Simmons learned Friday afternoon, however, that an appellate panel reversed that ruling in a 3-0 decision signed Feb. 14. Other judges presiding over the case have been reassigned, promoted or, in one instance, granted maternity leave. "The issue is not just about perceived lawn violations, because if it were, I certainly would not be spending thousands of dollars to defend it," Simmons said. He also alleges fraud, contending that less than half the 3,200 square feet of sod for which he was billed was installed. "Some went to the county right of way" between the sidewalk and street, and the balance is unaccounted for, he said. Simmons said he recently tried to settle the lien and sell the house, but HOA attorney Ricky Thacker said legal fees now exceed $100,000, so the lien should remain in force. A spokeswoman at Thacker's office said Thacker would have no comment. Mike Carricato, who was HOA president when the dispute arose, said he and current officers would have no comment. The trial is expected to last all week. "It's just absolutely ridiculous - like chewing on a big piece of fat, and the more you chew it, the bigger it gets," Simmons said. |
| NEWS PAGE | HOME | HOA ARTICLES |