Homeowners Ass'n Loses Parking Case, Must Pay Owner's $187K Legal Bill
A battle over whether a Florida homeowner could park his pickup in his own driveway racked up over $187,000 in legal bills for the unswerving owner by the time the Eagles Homeowners Association appealed a Hillsborough Circuit Court ruling in his favor.
And now the association has not only lost the parking battle but must cover A.J. Vizzi’s defense costs, reports the Tampa Tribune.
Although a restrictive covenant requires homeowners to park commercial vehicles in their garages, the Ford F-350 truck at issue in this case apparently is Vizzi’s personal vehicle. And, as a September 2009 ruling (PDF posted by Lynch & Robbins) by the circuit court explains, the homeowners association’s governing documents call for the loser to pay the prevailing party’s legal fees in a rule-enforcement case.
It wasn’t until Friday, however, that Hillsborough Circuit Judge Martha Cook determined the amount of legal fees to be awarded to Vizzi and his wife—$187,443.37, the Tribune reports.
“I never expected it would go this far. And, in fact, many times we tried to resolve the case,” Vizzi’s lawyer, Dan Anderson of Clearwater, tells the newspaper. “I tried to end the battle and the association just wouldn’t budge.”
A lawyer for the homeowners association didn’t respond to the newspaper’s request for comment.
Earlier coverage:
Lynch & Robbins (press release): “Court Rules In Favor of Homeowners In Pickup Truck Parking Dispute”
St. Petersburg Times: “Homeowners association cases fill court dockets”
