New Tampa homeowner wins judgment against homeowners association (Pebble Creek: how much, attorneys)

[bentlebee]

New Tampa homeowner wins judgment against homeowners association - Tampa Bay Times



NEW TAMPA — In January 2002, the Pebble Creek Homeowners Association dispatched a lawn crew to a couple's property to replace sod that had died during a record drought.

Then they billed the homeowners for the job.

Retired police captain Ed Simmons and his wife Billye disputed the actions of the association and refused to pay.

That sent the $2,212 bill into the center of various lawsuits between both parties that has spanned more than a decade.

On Sept. 21, the Simmonses were handed a victory after a judge agreed that the association did not follow its own governing documents and failed to properly authorize the charge and a subsequent lien it had placed on the house.

"A $2,212 grass bill and I spent almost a quarter of a million dollars to defend?" Ed Simmons said. "It just doesn't sound right. This has been an absolute nightmare."

The almost 11-year case came to its lengthy and pricey conclusion when Hillsborough Circuit Judge James Barton granted the Simmonses almost $145,000 in damages. (His order contained a mathematical error and a motion was filed to adjust the amount to the correct sum of $85,000.)

Attorneys from both sides must now schedule a case management conference to determine if the couple should be reimbursed for any of their legal fees, and if so, how much. Simmons said he has spent $222,000 so far.

Historically, whenever associations lose court fights, residents have been left with the bill.
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Congrats to the winner! HOA's believe often that they are above the law and can do whatever they want.

There are things that are good about HOA's but they often loose themselves in believing they are the Law!

[algia]

Give someone the power, and you shall see their TRUE character!

Originally Posted by bentlebee

New Tampa homeowner wins judgment against homeowners association - Tampa Bay Times



NEW TAMPA — In January 2002, the Pebble Creek Homeowners Association dispatched a lawn crew to a couple's property to replace sod that had died during a record drought.

Then they billed the homeowners for the job.

Retired police captain Ed Simmons and his wife Billye disputed the actions of the association and refused to pay.

That sent the $2,212 bill into the center of various lawsuits between both parties that has spanned more than a decade.

On Sept. 21, the Simmonses were handed a victory after a judge agreed that the association did not follow its own governing documents and failed to properly authorize the charge and a subsequent lien it had placed on the house.

"A $2,212 grass bill and I spent almost a quarter of a million dollars to defend?" Ed Simmons said. "It just doesn't sound right. This has been an absolute nightmare."

The almost 11-year case came to its lengthy and pricey conclusion when Hillsborough Circuit Judge James Barton granted the Simmonses almost $145,000 in damages. (His order contained a mathematical error and a motion was filed to adjust the amount to the correct sum of $85,000.)

Attorneys from both sides must now schedule a case management conference to determine if the couple should be reimbursed for any of their legal fees, and if so, how much. Simmons said he has spent $222,000 so far.

Historically, whenever associations lose court fights, residents have been left with the bill.
-------------

Congrats to the winner! HOA's believe often that they are above the law and can do whatever they want.

There are things that are good about HOA's but they often loose themselves in believing they are the Law!

[the awesomee]

lol, but the second someone put that huge flag up these same people gonna go complaining to the same people they spent 10 years in a lawsuit with

[BucFan]

Yet another slam on HOAs. For every nightmare case, there are thousands of good things HOAs do to keep communities in good condition. Everyone has the right to live outside of a HOA - but if you choose to live within a HOA, why not follow the rules governing the community?

[MAniacTHW]

Originally Posted by BucFan

Yet another slam on HOAs. For every nightmare case, there are thousands of good things HOAs do to keep communities in good condition.

If this were the case, we probably wouldn't be hearing so many nightmare stories, now would we?

[BucFan]

"so many"?

I'm only seeing them in the news occasionally-

[tights24]

lol, but the second someone put that huge flag up these same people gonna go complaining to the same people they spent 10 years in a lawsuit with

And they can and should. What the HOA did was wrong and the judge stated as such in his verdict that the association did not follow its governing rules. You're comparing apples to oranges.