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
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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.
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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.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
ABC Action News (1); Justia Dockets and Filings (2)
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This article originally appeared on Moneywise.com under the title: ‘It’s insane’: Lawyers are ‘making money’ and residents losing it in a war between their HOA and 1 frustrated resident
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.