Tampa Bay Homeowners Association Runs Amok Over a Truck!

If you buy a home in a planned community or subdivision in Tampa Bay Florida, you automatically become a member of the community's homeowners association and subject to the covenants, conditions & restrictions (CC&R's) set by the HOA.

In theory, the CC&Rs of an HOA are in place to ensure that the value and quality of the common property as well as individual properties within the development are maintained to a specific standard.

For the mot part, people have divergent opinions about HOAs. They're either in agreement with how their HOA runs and feel the best interests of their community are being looked out for or they can't stand their HOA and feel their lives are being controlled by a power-hungry mini-government of nitpickers.

HOA convenient control can be rigid and an intrusive regulation of homeowners use of their property, such as the 4 year court battle over an Odessa homeowners right to park his pick up truck in his own driveway.

Mr. A.J. Vizzi was sued by Eagles Masters Association for violating the covenants in his deed-restricted community, which stated that he had to park his truck in his garage and not in his driveway. The problem was that Vizzi's brown Ford F-350 pick up truck was too big to fit in his garage.

Vizzi's ordeal actually began in 2001 when the association first cited him for parking his truck in his driveway. The Eagles country club community where he lives prohibits the practice, but Vizzi argued it was allowed in his subdivision.

When he first moved into his home back in 1997, he was told that parking his truck in his driveway wasn't against the subdivision rules. However, a few years later, the HOA said the truck was a violation and had to go.

Vizzi decided to stand his ground. He was sued by the HOA in 2006 after several hundred dollars in fines, and for two years the association and Vizzi battled it out in court. In December of 2008, a Hills­borough circuit judge ruled in favor of Vizzi, but the association later appealed the decision.

In March, the District Court of Appeal upheld the lower court's ruling and the court ordered the association to pay his fees. According to Vizzi's attorney, Daniel Anderson, the court found the provision in the covenants about trucks unenforceable.

Last Friday, Hillsborough County Circuit Court Judge Martha J. Cook ruled that the Eagles Masters Association must pay $187,443.37 in legal fees for Vizzi.

"I was really glad to finally hear that it was all over," said Vizzi. "It was all just defense of something that I always knew that I was right about" he went on to say.

"I think what people should take away from this is that homeowners should be left alone unless it's a very serious issue," Vizzi's attorney, Dan Anderson said. "And, certainly, requiring a homeowner to spend over two hundred thousand dollars to defend themselves simply to park a vehicle in the driveway just doesn't make any sense at all," he went on to say.

Eagles Masters Association has 30 days to appeal the court's ruling, file for reconsideration or pay up.

More than 80% of Florida residents live under HOAs and Florida court dockets are filled with HOA/homeowner squabbles. For years, State Rep. Kevin Ambler (R-Tampa), currently running for state senate, has worked hard for swift and inexpensive resolutions to HOA/homeowner spats rather than resorting to costly court battles.

"When you have that large amount of people that are affected," it's important that we give them a more efficient, less expensive way to amicably resolve their differences so that these folks can get back to being good neighbors" said Ambler.

Congratulations Mr. Vizzi for your long overdue victory and I hope you have your truck parked in your driveway for all the world to see!

Article Sources:

http://www.miamiherald.com, http://www.myfoxtampabay.com, http://www.tampabay.com/