$ 500 debt costs woman her home
by Tim Grant - Staff Writer ST. PETERSBURG TIMES
“I’m not sure I believed anything like this was possible or legal,” the ex-homeowner says. She failed to respond to notices about association fees.

By TIM GRANT 
© St. Petersburg Times, published February 6, 2001

TAMPA -- It was two weeks before Christmas, and Lynn Myers was distraught. A legal notice ordering her out of her home had arrived that day. Myers was about to lose her $88,000 home for failing to pay nearly $500 to her homeowners association.
 
[Times photo: Mike Pease]
This home on Fairfield Village Drive belonged to Lynn Myers before she lost it for failing to pay homeowners association fees. 
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 "I could not believe what I was hearing," said Gerrie Byrne, a neighbor in the Plantation of Carrollwood subdivision. 

Byrne called her husband, an associate pastor at Seminole Presbyterian Church, to let him know she would not be at church that night. Then she and some 20 neighbors worked until 2 a.m. to move all of Myers' possessions into their homes. 

Myers' story is an extreme example of what can happen to someone who ignores deed restrictions. 

Myers, 40, and her 14-year-old son now are living with the Byrnes and their five children in their four-bedroom house and are looking for an apartment. 

"I'd been functioning in my busy life in total blissful ignorance," Myers said. "I'm not sure I believed anything like this was possible or legal. I still find it hard to believe." 

Myers bought the house for $70,500 in 1988. She said she still owed $58,000 when she lost it. 

Silverback Properties Inc. of Tampa bought Myers' two-story home on Fairfield Village Drive for $4,651 at a courthouse auction Oct. 25. The company paid Myers' delinquent fees and the association's legal fees. 

On Jan. 23, Silverback sold the house for $88,000 to Francisco Soto and Lidia Suarez. 

Several homeowners in Plantation have gone to the brink of foreclosure for not paying the assessment fees, but Myers is the first to lose her home, said Tom Jones, Plantation's property manager. 

Myers came to the brink of losing her house in the early 1990s for not paying her fees but made good on the debt. This time, she paid some of her delinquent fees but not all. 

Such fees are used primarily to maintain common areas. All property owners are required by deed restrictions to pay the fees. 

Jones said Myers had not paid her homeowners dues since July 20, 1998. In May 1999, the association placed a lien on Myers' house, but she failed to contact the association, Jones said. 

In the end, Myers owed $497.75, in fees, interest, penalties and attorney costs. 

Myers is a physical therapist who makes home visits. She said she thought her attorney, Elaine Holmes, had handled the matter in March 2000. Myers said she thought she had cleared up her debt when she paid the association about $4,000 in fees and penalties, so she didn't bother to open the letters and court documents she received in the mail. 

Holmes declined comment and cited attorney-client confidentiality. Myers said Holmes told her she dropped the case after getting no response from phone calls and pages. 

"I feel angry," Myers said. "There's enough blame to go around. But I'm ultimately responsible. . . . I'm financially devastated all because of a $500 homeowners association fee." 

Robert Byrne said Myers helped his family two years ago when their home was damaged by fire. When Mrs. Byrne broke her leg, Myers gave her free therapy, he said. 

"Lynn is a very generous person," Byrne said. "She's not a burden to us. She helps us. Yes, the house is crowded. We've got roomfuls of stuff, but so do the other neighbors. That's what neighbors do. Neighbors don't repossess each other's homes for a tiny amount of money." 

Jones said he usually works with families in this predicament and would not have taken Myers to court if she had answered one of several letters. 

"I think it's terrible that this happens. We don't take it lightly," Jones said. "But we do expect homeowners to fulfill their financial responsibility to the association. There's no free ride." 

What happened to Myers is rare, said St. Petersburg lawyer Ellen Hirsch de Haan. Her firm, Becker & Poliakoff, represents more than 3,000 homeowners associations. 

Although state law protects homeowners from losing their homes in bankruptcy, homeowner assessments are covered under the mechanics lien law, which allows a lien to be placed on the property when someone does not pay for a service. A home can be sold at auction to satisfy the lien. 

Plantation is a moderate-income, largely working-class community. Its homes are inexpensive by Carrollwood standards, most selling for under $100,000. 

At any given time, Jones said, about 5 percent of the 1,832 homes are chronically behind on their $39.90 monthly dues. "We call them hard-core delinquent," Jones said. "They constantly don't pay, and they're more than $300 behind." 

Jones said most of the delinquent residents are on payment plans. Even when they can't make the payment, Jones said, he is lenient as long as they communicate. 

Still, Byrne questions the way the association treated Myers. 

"I think the Plantation homeowners association was less than thoughtful in the way they handled it," Byrne said. "My feeling is if it's not illegal, it's certainly immoral to do something like this."

This article was initiated by Gordon Commee', one of the Co-Founders of CCFJ, Inc. and President of Property Rights Florida, Inc. Gordon is a fighter for Constitutional Property Rights in order to give homeowners back the right our forefathers fought for:
 
YOUR HOME IS YOUR CASTLE !

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