Waterlefe MPOA wins longstanding suit

WATERLEFE — Frankyln Dickson’s hands began to shake as the delivered a judge’s ruling that the Waterlefe Master Property Owners Association had prevailed. 

Manatee County Judge John Lakin ruled Jan. 25 that owners of six properties in The Shores, a private gated community within Waterlefe, owe the MPOA more than $111,200.04 in past-due assessments and interest collectively, as well as reasonable attorney’s fees and costs. 

“I was in shock,” Dickson said of the ruling, which followed a December trial for the case. “We won on all counts.” 

Dickson, who served as president of the MPOA until the association’s annual meeting Jan. 25, informed about 200 residents who gathered to hear the news.

Not everyone was pleased.

Fred Moore, attorney for the defendants, said he is disappointed with the decision and expects the case is not over.

"I am working with my clients to explore their options," he said. "A request for a rehearing and an appeal is very likely."

The decision brings a lawsuit that started in March 2012 a step closer to being finished. If Moore's clients choose not to appeal, then it will be over.

The case began when the MPOA filed to foreclose on liens against seven properties in The Shores. Owners had refused to pay “additional assessments” charged by the MPOA because they believed the assessment was “illegal.” One property owner settled prior to Lakin’s decision. 

The assessments were collected on behalf the Waterlefe Community Development District, which maintains common areas, stormwater systems, roadways and the entry gate, among other infrastructure. The Shores is not part of the CDD, although its homeowners must use CDD infrastructure to access their neighborhood. 

The judge’s ruling gives the MPOA legal authority foreclose on its liens, but Dickson said he hopes that action won’t be necessary. He said critical next items are for defendants to render payment and to agree to pay the assessment going forward. Once payment is rendered, the MPOA and CDD will have to meet to determine how the funds will be used.

“Our philosophy is to get this settled and to move on,” Dickson said. “This has gone on too long. It’s been too expensive. We need closure, and I’m hoping the remaining defendants will settle with us quickly so we can end this once and for all.” 

MPOA attorney Scott Petersen noted the dispute began in 2007, even though the lawsuit didn’t start until 2012.

“This has been such an open wound for the whole community for so long and it’s caused a lot of (hurt) on both sides,” he said. “The board is hopeful this puts an end to that chapter and the community can unite again.”