Deed Limits Fight Splits Woodlands


 

Courtesy of TBO.com- Pasco


Published May 16, 2005

NEW PORT RICHEY - Who will blink first - the Gulf Harbors Woodlands Association or residents who have been challenging the association's attempts to enforce deed restrictions?

That's the question swirling around two deed restriction lawsuits embroiling this waterfront community off Marine Parkway.

Speculation is building that the association might be in financial trouble because of legal fees involved in the deed restriction cases, even after a special assessment last year to fill the association's coffers.

The association's president said that he is not exactly sure of the group's financial situation, but he believes it has enough money to continue the legal battle.

The residents said they again will ask for financial disclosures from the association board during a regular meeting Tuesday.

After about three years in court, the association and the residents it sued appear as determined as ever to battle to the bitter end.

The David L. Doolittle Jr. and Fred Karmatz families won a recent battle over a catwalk bridge to docks in a May 4 Pasco-Pinellas Circuit Court ruling.

But the homeowner association is filing a third, amended, complaint to try to stop them.

In its latest filing, the association is raising the issue of trespassing and the validity of quit-claim deeds.

The next hearing is scheduled for June 16.

In the other lawsuit, the association won a circuit court ruling against a playhouse Tom and Lynn Johnson had built for their children in their Lawrence Lane yard.

The Johnsons have asked the state's 2nd District Court of Appeal to resolve the dispute.

The Johnsons' attorney is working on a legal brief to be submitted by the July 8 deadline.

"It's ridiculous at this point,'' said Lynda Karmatz, one of the residents sued over the catwalk bridge.

The catwalk spans state-owned property, she said.

"The more control they seem to lose, the more vindictive they seem to become,'' Karmatz said of the homeowners association.

"Pay back what you owe and move on.''

The Karmatzes have demanded the association reimburse them for their legal expenses from the deed restriction battle, which was last estimated at $45,000.

"I'm not holding my breath,'' Karmatz said.

Bill Downs, president of the Gulf Harbors Woodlands board, said that the association will proceed with the amended complaint over the catwalks.

While he believes the association's legal fund has enough for battle to continue the civil actions, "I'm not quite sure what the numbers are,'' he said Thursday.

Jim Payne, office manager at Gulf Harbors Woodlands Association, directed questions about the legal actions to board members.

Meanwhile, the April issue of The Woodlands News, the association's newsletter for members, trumpeted the circuit court ruling against the Johnsons' playhouse.

"Late Breaking News!'' the front page headline stated. ``Judge rules part of play set has to go. See yellow insert.''

"It really ticked me off,'' Lynn Johnson said about the newsletter coverage of the issue.

The Woodlands News has made no mention about rulings against the association in the Doolittle-Karmatz case, she said.

 

The association might have spent the money that went for legal fees on things that would benefit residents, such as heating the community swimming pool, Johnson said.


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