DADE CITY — An embattled Pasco County neighborhood association can continue to collect fees and foreclose on members while it appeals a judge’s ruling that it illegally extended its deed restrictions.
Pasco County Judge William Sestak granted Bayhead Landings an emergency stay last week on his earlier ruling that the community’s deed restrictions expired three years ago. The neighborhood association was involved in a costly legal fight with one property owner over wheelchair accessibility to association meetings.
The association board passed a series of special assessments to pay for its legal bills, which led to another lawsuit regarding the method the board used in 2010 to extend its declarations and deed restrictions.
Gary Schaaf, attorney for Bayhead Landings, said the latest development maintains the status quo. “People bought into that community assuming that there would be deed restrictions,” he said.
Attorney Barbara Stage, who represents the plaintiffs, filed a motion for rehearing on the stay. No date has been set for the appeal.