Appeals Court Reverses Lower Court Judgment
But who is paying for the damages?

 
A Homeowner's Nightmare
An Opinion By Jan Bergemann
Published January 17, 2004 

At last the decision came down from the Florida Second District Court of Appeal. The decision of Judge Bryson was reversed. And more than 120 families in Nature Watch can breathe a sigh of relief. A decision many citizens in Florida had hoped and prayed for!

But it is a shame for our judicial system, that appeals court judges have to use the help of a dictionary to explain to a judge the meaning of the word "exterior". Quote from the appeals court opinion: "The primary definition of the noun exterior is "the outer surface or part."  

Shouldn't each judge's chamber be equipped with a normal dictionary?

And shouldn't each judge be required to look up the meaning of a simple word if he doesn't understand it? Especially before rendering a judgment that puts that many families in outright misery?

It was very obvious that the judge made a wrong decision. I stated that opinion many times before. All you had to use was common sense, often missing in our society. He obviously listened to the wrong people! But instead of waiting for his decision to be final he threw a whole community into turmoil. And an attorney trying to defend homeowners' rights was called an "obstructionist". And that in a Court of Law in Florida?

Instead of waiting for the decision of the appeals court he appointed a receiver, who in the eyes of many created even more damages to the community! And he hired an attorney, who couldn't wait to file the foreclosure papers. One of his specialties! He served many owners with foreclosure papers shortly before Christmas, just to let them know what to expect?

Where is our society coming to?

There will be a great street party in Nature Watch this coming Monday. I will be with them in spirit! The members of this community definitely deserve it and it might be a first step to heal the wounds created in the last few years by "legal professionals".

But the question remains: WHO WILL PAY FOR ALL THE DAMAGES CREATED BY THE DECISION OF THE LOWER COURT?

Families suffered great financial losses, life-savings and future college tuitions were raided to save the homes from foreclosure.

The community looks like a battlefield with all the unfinished repairs. Houses, before in good shape, are now damaged, due to exploratory wall-cuttings.
Bills are unpaid, money is owed, not even talking about the legal fees?

And who is paying for all the emotional damages? Whole families couldn't sleep at night wondering what will be next. People woke up in the morning thinking what will they do to us today? One homeowner told me that he hopes that it will take them a while to work it all out, so he would die before they take his house! 

These homeowners went through hell and back!

And all because a judge couldn't figure out the word "EXTERIOR"?

The appeals court decision was a first step in the right direction. Hopefully there will be more to come!

But no thanks to our government agencies, who ignored the pleas for help when these people were under siege. All cries for help to Tallahassee were left unanswered. Nobody came to bat for these citizens.

And no thanks to the industry members of the HOA Task Force, created by the Governor. The Task Force members heard the desperate pleas for help from owners in Nature Watch, who dared to speak up at the Tampa meeting. With an attorney present, who in the opinion of many tried to intimidate people, hoping they wouldn't publicly testify. My report of the meeting said it all.

But the industry members of the Task Force are still unwilling to make any useful recommendations to protect homeowners in Florida from future abuses. All the testimony from homeowners at the meetings couldn't convince these industry members that the existing system is totally flawed and needs reforms. THey are selling and servicing a totally flawed product.

The Nature Watch case shows that it is actually dangerous for your finances and even  for your mental health to move into these associations. Because without your fault you can lose your life-savings, your kids' college tuition and more or less everything you own. And don't forget the "holy" property values, used today to prosecute neighbors without mercy. They definitely went down the drain in Nature Watch!

And since we heard in this case so many obviously unqualified opinions and judgments from professionals -- here is mine from Joe Homeowner: if I would be the one making the decision who pays for all the damages, my decision would be fast and easy. No dictionary necessary! The lower court judge and the receiver with his attorney would reimburse the owners for everything they lost. These were the people, who in my personal opinion created all the grief for the homeowners, not counting the developer, who was long out of the picture. And they would pay it from their own money, not from any insurance funds! And if they can't pay? JUst serve them with foreclosure papers! They know how that works!

Congratulations to the owners in Nature Watch HOA! Enjoy your Party! You sure deserve it!


  CLICK HERE TO READ THE OPINION OF THE APPEALS COURT!
BACK BACK TO NEWS HOME