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Article Courtesy of ACTION NEWS
JAX
By Ben Becker
Published November 13, 2021
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WATCH VIDEO |
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JACKSONVILLE — Tameka Holly and her husband Delaney Holly have a problem leaning
on their heart - and a mortgage lien on their home.
“We are talking about $3.87,” Tameka Holly told Action News Jax Ben Becker about
the lawsuit filed by the Meadow Downs Homeowners Association, which is also
demanding nearly $20,000 in attorney fees.
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According to an
internal document, the Hollys were first warned by the HOA
in April 2015 that they failed to pressure wash their
driveway. Two months later, the Hollys reached out to
correct the situation and the document notes “that your
house, driveway, and or sidewalk are in need of pressure
washing.”
It goes on to say the owner (Holly) called and there was a
pressure wash of the house and driveway and that Holly
“thinks he is in compliance, If you can show him what needs
to be done, he will do it.”
“Our contention we were up to date doing what we were
supposed to,” says Delaney Holly. |
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According to the HOA account ledger, the Hollys were slapped with a $1,000
fine in September 2015 but only a $3.87 mortgage lien in July 2016 - The
$1,000 fine disappeared from records at that time only to be added back as a
$1,000 intent to foreclosure lien in 2017 - not to mention a growing pile of
legal fees from the HOA.
The Hollys say they were never notified about any of this and only found out
when they were served with a lawsuit in 2017.
“This was 2017 when they say they served me,” says Delaney Holly. “I was
deployed in Romania”
Delaney Holly is a member of the Florida Air National Guard. His lawyers say
the Servicemembers Civil Relief Act should have kept the HOA and its
attorneys from filing the intent to foreclosure or the liens against them.
Paul Threatt who is a former Navy JAG is currently advising the Hollys on
this case. He said, “First they were not properly informed of the
deficiency.”
The Hollys attorney emailed Becker evidence showing the HOA sent
notifications previously via a 3rd party company, but whether they arrived
is in dispute - as some shipments show “undeliverable as addressed” while
others say “arrival at unit” USPS tracking only shows a “label created, not
yet in system.”
Meantime, per Florida law, notice to file liens must “be sent by registered
or certified mail AND by First-Class United States mail”
When the Hollys finally learned what was going on, Temeka - representing
herself - got the case dismissed in April 2018 because of the notice issue,
but the attorney representing the HOA refiled the complaint.
Becker visited the HOA and its management company to find out why the HOA
continues to pursue the case although the fine was removed from the Hollys
account nearly 4 years ago - No one would speak, so Becker left his card but
never heard back.
Becker texted the current president of the HOA, since Meadow Downs
Homeowners Association is on the legal documents, she responded:
“Can you please stop contacting me? I have already explained that I am not a
part of that process and you need to contact the law firm or First Coast”
Becker emailed First Coast Management Company to ask about the case,
including proof that notice was sent per statute and was told all inquires
should be directed to the Association’s attorney, McCabe & Ronsman.
Becker called Michael McCabe, the senior partner who filed the original
lawsuit, but never heard back.
Becker also emailed McCabe twice, asking for comment about the tens of
thousands of dollars in legal bills -- but got nothing back but silence.
“How optimistic this will work out in your favor?” Becker asked Tameka
Holly. “Very optimistic,” responded Holly. “I wouldn’t have taken it this
far if we were hopeful and optimistic knowing at the heart of this, this is
not right.”
Action News Jax wants to emphasize there are many issues of fact in dispute
in this case - and as Becker reported he made numerous efforts to reach out
to the HOA, its management company, and its law firm.
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