Northpinellas: Judge tells townhouse residents: Dig deep

And, with a touch of bitter humor, a sign taped to the sliding doors of Gary Bressen's bedroom warns: "Watch the 1st step!" That's because where there was once a balcony outside those doors, there is now only a three-story drop to a concrete patio.

As ominous as all that sounds, it might get worse. Repairs may cost millions. Who's going to pay?

A judge says each of the 182 homeowners may have to cough up more than $20,000.

And by the way, he added, don't leave Pinellas County off the hook because for things to get this bad in an 8-year-old complex "some building inspector turned his head."

The villain is water. It has seeped into at least six of the complex's 55 buildings, damaging roofs, walls and foundations.

As repair bills mount, so, too, does the intensity of debate over who should pay them.

The development is largely divided between residents of the damaged buildings who want every resident to share the pain, and the homeowners association, which says people in each building should pay for their own repairs.

Last month, Circuit Court Judge Fred L. Bryson Jr. ruled that the homeowners association is responsible for everything from the interior paint out.

Bryson told the association to come back with a plan to pay for the massive reconstruction.

The association offered to assess each homeowner $3,000, spread over a year.

Bryson scoffed.

"This should be the poster boy on how we aren't going to do it," Bryson said in a hearing last week.

Henry Stein, attorney for the homeowners who sued the association, estimates that fixing buildings on one of the complex's two streets alone will run about $5-million, requiring individual assessments of about $27,500.

The judge suggested the association board get serious about making people "give till it hurts."

The association, which halted repairs pending legal resolution, says damage estimates are overblown and the judge's plan will drive some residents to bankruptcy.

Bryson said it's a matter of keeping the buildings from falling down.

"If each of you has to go out and take out a loan to finance your assessment, that is what you have to do to save your buildings," Bryson said.

"Reconstruction is going to be financially painful for all of you," Bryson said. "It's going to bite you harder than you ever thought you were going to get bit."

Jack Slorah, treasurer of the homeowners association board, argued that repairs can't all be done at once and that the cost should be spread over a longer period. Some residents are on fixed incomes and would be devastated by a heavy one-time assessment, he said.

"There is significant damage in the community, no doubt about it," Slorah said.

But many of the buildings have very little damage, Slorah said, particularly those in the more recently built townhouses on Lago Vista Boulevard.

Slorah also argues that insurance companies have already begun to pay some settlements, which will offset the cost to residents.

Judge Bryson said he also wants a report this week on the status of the homeowners association's lawsuit against the developer, the now-defunct Eagles Reserve Ltd. run by Richard Geiger, and the general contractor, Bama Construction.

Neal Sivyer, who represents the homeowners association in that lawsuit, said it is too early to predict how much money may be collected.

Lee Haas, who represents Geiger, argued Friday that a developer is not responsible for building code violations, that's the general contractor's responsibility. He also said the warranty on the homes expired years ago and that the damage may be due to simple lack of maintenance.

The attorney for Bama Construction could not be reached for comment.

Bryson also said the homeowners association also ought to turn its attention to the building inspector's office in the search for money.

"I want somebody else to take another . . . look at the liability of Pinellas County, because some building inspector turned his head," Bryson said.

Jack Tipton, the assistant county building director, said the buildings met the codes at the time they were built. Building codes changed after Hurricane Andrew in 1992, he added, and some of the construction techniques used then fall short of the new codes.

But Stein believes the county codes office failed.

"Some of the construction defects are code violations," Stein said, "and it is disconcerting that these code violations were allowed to happen."

"These code violations were very serious," Stein said, "and continued throughout the buildings, from failure to have appropriate foundations all the way up through the roofs."

Meanwhile, work on several buildings has been on hold for months. Roof tiles lie stacked on Manuel Chavez's roof, with large patches of tar paper exposed to the elements.

"You got a problem here that almost defies solution," Bryson said last week. "Get at it."

That's a bitter pill for some residents who are convinced each homeowner ought to be responsible for their own repairs.

Cathy Taylor, who said her house is fine, blames residents in the homes with the most damage for not reporting the damage sooner.

"Tempers are flaring very high," she said. "You're talking about people's homes here."

Both sides agree the ordeal has left their homes virtually unsellable until it is resolved.

"Nobody going to be selling squat here for a while," Taylor said.

"I hate to drive in the gate every day," she said. "This was supposed to be my dream house, and it's a nightmare."

Back to North Pinellas news

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright

Special Links

Mary Jo Melone

Howard Troxler

From the Times
North Pinellas desks