The Judge agreed with a group of 24 homeowners that the Association's Covenants and Declarations were ambiguous and ruled that the structural walls of these privately owned homes were to be repaired by the Homeowners Association, and all repair costs had to be shared equally by the homeowners. Therefore, owners of 1870 square foot, single story Villas, that had little or no damage, were required to pay the exact same amount for repair assessments as the owners of three story, 3000+ square foot Townhomes, that engineers said had structural flaws, improperly installed roof tiles, window leaks, wood rot and mold problems.

This case may set precedent throughout the United States if Florida's 6th Circuit Court of Appeals affirms the Judge's decision. It could become a Landmark Decision and have tragic implications for anyone living in a PUD that charges homeowners a monthly fee for exterior maintenance.

Financial History:

2001: 182 Homeowners of the Natures Watch Homeowner's Association in Palm Harbor, Florida are assessed $4,000 each for repairs to 24 Townhomes due to alleged faulty construction by builder/developer and alleged errors by county inspectors. Total cost $728,000

2002: The 182 Homeowners of the Natures Watch Homeowner's Association are assessed an additional $24,000 each for continuing repairs to Townhomes and Villas. Total $4,368,000

2003: The 182 Homeowners of the Natures Watch Homeowner's Association are informed by a court appointed Receiver that future repairs to complete the reconstruction of the community are estimated to total an additional $63,000 each. Total $11,466,000

The homeowners at Natures Watch (Eagles Reserve HOA) may not have faced these unconscionable assessments had the following ARTICLES found in the Covenants and Declarations of another HOA, the Feather Sound HOA, been written in those of the Eagles Reserve HOA.