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Fees Were Misused, Homeowners Claim

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By LAURA KINSLER, The Tampa Tribune

Published: October 17, 2007

LIVE OAK PRESERVE - Two neighborhood association officers have filed complaints with the state accusing former property manager Jonnie Tyler of misappropriating money homeowners paid for pest control services.

Live Oak Preserve's master association collected more than $400,000 from homeowners in 2005 and 2006 for pest control services that were never performed, residents say.
Zuriel Cabrera, president of Live Oak's Weatherwood Village association, complained to the Regulatory Council for Community Association Managers, a division of the Department of Business and Professional Services. The council requires association managers to spend money for the intended purpose; failing to do so could be considered an act of gross negligence and comes with a $1,000 fine for the first offense.

The council has revoked managers' licenses for such violations.
Weatherwood Vice President Rick Van Arsdall also complained to the council about numerous alleged violations, including failure to turn over documents and audit the master association's finances.

Each homeowner in Live Oak pays $132 a year to the master association for pest control service for their yards and the exterior of their homes.

'There was no service,' Maplewood Village President Shelden Cohen said. 'Nobody ever came.'

The association, which is entirely controlled by the developer, has continued to collect dues for pest control service in 2007. When Transeastern Homes was acquired by Engle Homes this year, the company replaced Tyler with LandArc, a Michigan-based property management corporation.

Engle Vice President Rick Feather chairs the master association. He said the board doesn't know what happened to the money earmarked for pest control.

'We're aware of the problem,' Feather said. Board member 'Robin Gonzales is trying to find out what happened to the money.'

Tyler, who now works at Tampa Bay Golf & Country Club, could not be reached for comment.

The pest control issue is just one more gripe for residents who complain about having to pay homeowners association fees for substandard cable and Internet service. The community is locked into a 10-year contract with Century Communications, which is owned by the same family that originally developed Live Oak Preserve.

'I'm using Terminex, just like I'm using Verizon for high-speed internet,' Cohen said, 'so I'm double-paying for both.'

Reporter Laura Kinsler can be reached at (813) 865-4844 or lkinsler@tampatrib.com.

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