Court agrees voluntary homeowners group is enough

A developer successfully argues that the Meadow Creek subdivision doesn't need a mandatory homeowners association to enforce deed restrictions.

By CHRISTOPHER GOFFARD

© St. Petersburg Times, published February 20, 2000

WESLEY CHAPEL -- Homeowners worried they won't be able to enforce deed restrictions in their neighborhood were dealt a blow this week, with an appeals court rejecting their claim that the developers of their subdivision failed to implement the machinery that makes such enforcement possible.

When dozens of homeowners at the Meadow Creek subdivision sued the Trout Creek Development Corp. and several home builders in 1998, the plaintiffs said they bought their homes with the expectation that they would belong to a mandatory homeowners association.

As part of such an association, homeowners pay regular, mandatory dues, which are used to hire lawyers in case a resident flouts deed restrictions -- by painting a house hot pink, for example, or parking junked cars in the driveway.

But the homeowners learned that no such association was in place. After the lawsuit was filed, Trout Creek formed a voluntary homeowners association and said it could enforce deed restrictions.

In a trial, Pasco Circuit Court Judge Lynn Tepper agreed, and on Wednesday the state's 2nd District Court of Appeals affirmed her decision.

It was unhappy news for Herb Fiss, the Tampa lawyer representing the plaintiffs. He said a voluntary homeowners association, because it depends on voluntary contributions, has no guaranteed source of funds to enforce deed restrictions. And, he added, the developer can pull the plug on it at any time.

"The voluntary homeowners association is an empty promise," Fiss said. It wasn't what the homeowners originally expected, he added. "If you steal a TV, returning a TV doesn't get you off the hook."

Daniel Mason, the San Francisco lawyer representing Trout Creek, said he hoped the appeals court's decision brought the matter to a close for the homeowners.

"This can now all be put behind them, and they can continue to keep living in a very desirable community, which is where they are," Mason said.

The subdivision at Bruce B. Downs Boulevard and County Line Road will include more than 3,000 homes when complete.

Fiss said a separate lawsuit filed by 100 homeowners against home builders Lennar Homes, Inland Homebuilding Group and Atlantic Homes is pending.

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