|
Article Courtesy of
Moneywise
By Emma Caplan-Fisher
Published November 10, 2025
|
As if it weren’t enough to have to deal with Florida’s hurricanes, residents
of Stonebriar in Pinellas County are swept up in a storm of lawsuits between
their homeowners association and resident John Siamas.
And just like homeowners end up paying for storm damage, they’re on the hook
for the costs involved in this war of whirling words
It reached a head this summer, when the HOA levied an $82,000 special
assessment — which works out to $1,400 per household — to cover the legal
costs.
“It's insane to ask people to pay that,” resident Ken Christensen told ABC
Action News. (1)
The legal battle started five years ago when Siamas installed a plastic shed
in his backyard. The Stonebriar HOA said it violated a rule prohibiting
outbuildings, and sued Siamas over the matter, demanding he take it down.
In response, Siamas whipped up tensions by trying to trademark the HOA’s
name, Stonebriar Improvement Association. The HOA responded with a trademark
challenge against him.
At that point, Siamas filed federal complaints against HOA president Gayle
Zelcs. He argued that she and the board were trying to ruin him financially
and force him to “sell his home” and move out of Stonebriar.
This September, a federal judge dismissed Siamas’s complaints against Zelcs.
(2)
But the HOA’s trademark challenge against him is ongoing, costing the
Stonebriar HOA — and its residents — an estimated $425 an hour.
“That’s who’s making money — is the lawyers for sure,” former Stonebriar HOA
president Stephen King told ABC Action News.
Special assessments are often surprise
The thorny situation in Stonebriar is a cautionary tale about special
assessments at HOAs.
Living in an HOA-governed community comes with financial responsibilities
that can go well beyond monthly dues.
Special assessments for out-of-budget anomalies like legal fees, structural
repairs or emergencies can cost homeowners thousands of dollars, often with
little warning.
Unlike traditional emergency expenses (like a car repair or medical bill),
HOA assessments may be non-negotiable and time-sensitive, with tight payment
deadlines and legal consequences for nonpayment.
How HOA residents can protect themselves
While you can't avoid them altogether, there are things you can do to ensure
you're prepared:
Budget for the unexpected. Plan for financial risks by building a designated
HOA emergency reserve in addition to your general emergency fund. Many HOAs
set aside 25 to 40% of their monthly dues for reserves to avoid sudden
assessments.
For individual homeowners planning, that translates to $2,000 to $5,000,
ideally.
To estimate what you'll need, review your HOA's budget, reserve studies
(which outline anticipated expenditures) and minutes to understand upcoming
projects and potential liabilities.
If you see any red flags — lawsuits, aging buildings, vague expense reports
— increase your reserve savings accordingly.
Review governing documents early. If you're in the market for a condominium,
understand the rules for special assessments before buying. For example,
Florida law requires at least 14 days’ notice before forming a special
assessment meeting.
Push for transparency. Attend meetings, demand clear breakdowns of fees and
question exorbitant or unusual costs — like $82,000 in trademark legal
expenses.
Build community alliances. Get to know your neighbors and understand their
concerns and questions. When you're in a unified front, it's easier to vote
in new board members, renegotiate payment terms or challenge unfair
assessments.
Know your rights. Condominium boards can't always apply unlimited
assessments without owner approval. HOAs may face similar constraints
depending on the state law and bylaws they're subject to. If board actions
seem suspect, seek legal counsel.
|