Article
Courtesy of Tampa Tribune By Laura
Kinsler Published May
4, 2014
DADE CITY — An embattled Pasco County neighborhood
association can continue to collect fees and foreclose on members while it
appeals a judge’s ruling that it illegally extended its deed restrictions.
Pasco County Judge William Sestak granted Bayhead Landings an emergency stay
last week on his earlier ruling that the community’s deed restrictions expired
three years ago. The neighborhood association was involved in a costly legal
fight with one property owner over wheelchair accessibility to association
meetings.
The association board passed a series of special assessments to pay for its
legal bills, which led to another lawsuit regarding the method the board used in
2010 to extend its declarations and deed restrictions.
Gary Schaaf, attorney for Bayhead Landings, said the latest development
maintains the status quo. “People bought into that community assuming that there
would be deed restrictions,” he said.
Attorney Barbara Stage, who represents the plaintiffs, filed a motion for
rehearing on the stay. No date has been set for the appeal.
Dade City HOA loses suit, can’t charge for legal fees |