Florida Lawyer News Services | Robbins Equitas

Homeowners Association Ordered to Pay Legal Fees of Resident in Pickup Truck Parking Case

Tampa, Florida (September 23, 2009) – A Hillsborough County judge has ruled that a local homeowners association must pay the legal fees incurred by one of its residents in a dispute over parking his pickup truck in his driveway. The Eagles, a gated community in northwest Hillsborough contended that pickup trucks are required to be parked in a residents’ garage, and not the driveway. In December Circuit Court Judge Martha J. Cook ruled in favor of homeowners A.J. and Doree Vizzi. The ruling issued by the court found that the association’s interpretation of the documents governing the parking of vehicles within The Eagles was “utterly unreasonable.” Click here to read the official order.

The Vizzi’s parked their pickup truck in their driveway for 9 years before the homeowners association filed a lawsuit in 2006 that sought to force them to park it in their garage. Now the court has ruled that the Vizzi’s are entitled to have their legal bills paid by the HOA. The Eagles attorney argued that each side should bear their own costs and fees in the case. But the court disagreed, stating “…clearly the Vizzi’s, who were sued and forced to defend themselves, prevailed on the significant issue of the case. It would be most unfair to force the Vizzi’s to forego entitlement to their fees and costs.”

The Vizzi’s attorney, Daniel Anderson of the law firm Robbins Equitas, said when the initial ruling was issued in December, “I thought the association would drop the lawsuit when it became clear there was no way they could win.” But the association has now appealed the ruling in favor of the Vizzis and Anderson said that residents of The Eagles may ultimately be required to pay for the attorneys fees incurred in connection with the appeal as well.

Eagles residents previously voted more than 3 to 1 to eliminate pickup truck parking restrictions altogether. Anderson said he and the Vizzis feel badly for other Eagles homeowners that may have to pay a special assessment in order to come up with the money to pay the Vizzis’ fees. “Unfortunately,” Anderson said, “it appears that other homeowners within The Eagles are going to suffer the consequences of the decisions made by their homeowners association.” Anderson noted that the Vizzis remain willing to resolve the case altogether in order to minimize the impact on Eagles homeowners, but that it does not appear likely that the association will agree to a settlement.

According to Anderson, the court divided the attorney’s fee issue into two parts: entitlement and amount. The court has determined only that the Vizzis are entitled to be paid by the homeowners association for their fees and costs but has not yet ruled on the amount the association will be required to pay. Anderson said he expects the association to appeal this latest ruling as well which will “only dig a deeper financial hole for Eagles homeowners.”