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A Subdivision Divided: Who Runs Amber Place?

Tribune photo by MICHAEL SPOONEYBARGER

Amber Place residents Titilayo Dipe, left, Yemi Ogunle and Danna Everett say the Housing and Education Alliance won’t yield control of their neighborhood to the homeowners.

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By JOHN W. ALLMAN

The Tampa Tribune

Published: June 26, 2008

TAMPA - It should be the culmination of a dream, buying and owning your first home.

But for residents of Amber Place, an affordable housing subdivision in East Tampa, ownership has come with an unexpected price.

Homeowners say they are fighting to wrest control of their neighborhood from an unlikely foe -- a nonprofit agency that helped make their dream come true.

The Housing and Education Alliance is no stranger to controversy. Its executive director, Sylvia Alvarez, prompted a federal investigation last month after alleging misconduct by Hillsborough County affordable housing officials.

Residents say Alvarez and her agency have refused to relinquish control of the Amber Place Subdivision Association, as is required by the community's articles of incorporation and state homeowner association statutes.

They say they're upset because they have paid neighborhood dues, some since 2005, without any input and without seeing any improvements made with their money.

Alvarez said the residents were given control of the association at a March 4 meeting where a five-member board was picked without a vote.

She blames homeowners for not taking an active role in the neighborhood, and she says that decisions have been made by her agency out of necessity.

"We knew these people had no idea what their responsibilities were as an HOA," or homeowners association, Alvarez said. "They were given plenty of opportunity. No one ever wanted to participate."

The dispute escalated after the alliance hired a property management firm in January and announced an increase to monthly homeowner association dues in March.

That same month, Danna Everett and two other residents dissolved the homeowners association.

The state shows the association as being dissolved, but the action was taken without an official vote and likely isn't valid.

Last week, the neighborhood received a letter from Real Manage, the company hired by Alvarez, accusing Everett of filing false documents with the state.

Real Manage has an office in the same building as the alliance.

The letter, written by Real Manage vice president Allen Baum, said Everett's action could cause residents to lose their homes and default on their mortgages. Baum cites no evidence to support the statement, and when questioned, said he does not know for sure if his claim is accurate.

"A lot of us, we want to sell our house and move. We don't want to live here anymore," Everett said. "You can't come home and enjoy your house with this kind of stress."

Property Liens Threatened

The alliance also is contending with nonpayment of monthly association dues by about 20 homeowners.

That total has increased since June 2006 when, according to alliance documents, only three residents were past due on payments.

The 20 residents received a letter in early June from Antonio Duarte III, a Land O' Lakes lawyer, threatening property liens against them if they don't pay all past dues by July.

They were told to make checks payable to Duarte. The amount to be paid includes a $100 lawyer fee. Duarte did not respond to a request for comment.

A lien is the first step toward foreclosure, but Baum said that is unlikely to happen soon because the association and its board are in dispute.

Alvarez said neighborhood residents are being told they don't have to pay by a resident who doesn't understand homeowners association rules.

She said some residents have offered excuses such as, "Oh, I lost my job," as a reason for not paying.

It was announced in March that dues will increase from $39 to $60. Baum said the increase was decided by the alliance, but won't take effect until 2009.

Last week, about 17 residents met with a Tampa lawyer, Michael Addison, to understand their rights and get advice. Addison said he referred them to another lawyer, Steven Mezer, who specializes in homeowners association law.

"I've worked very hard. I've always wanted to own a home and I was unable to do so," said Virginia Mota, a single mother of four, who moved in to Amber Place in 2006. "I achieved my dream, and then all of a sudden to hear they gave it to you and they want to take it back."

No Vote For Board Members

Amber Place is a small community of 26 houses lining two streets that front a retention pond.

The residents are mostly low- to moderate-income black and Hispanic families who needed state and federal down payment assistance to purchase their first homes. Each of the families also was required to attend a first-time home-buying class taught by the alliance.

Alvarez's agency received grants through the county's Affordable Housing office to begin developing the neighborhood off Orient Road at Martin Luther King Jr. Boulevard in 2004. The association was created in September 2005.

State statutes require the neighborhood to be turned over to the residents once 90 percent of the properties are occupied. The alliance however, said residents would assume control of the association once 75 percent, or 20 homes, had been purchased.

The statutes also require a vote to select a board of directors in order to assume control. The community's articles of incorporation also stipulate that directors be elected by ballot.

The board has changed three times - all without a vote - since it was created in 2005. The most recent happened March 4.

At that time, Alvarez asked for volunteers and hand-picked five people, according to Titilayo Dipe, a resident who attended the meeting.

Dipe, an outspoken critic of the alliance, said she volunteered, but was told no by Alvarez. Alvarez and Baum dispute that.

Dipe "spoke at the meeting, but she did not volunteer to spend some time and effort," Baum said. "There are two kinds of people: those who complain and those who volunteer and work."

Dividing The Neighborhood

Florida does not regulate homeowners associations. The Department of Business and Professional Regulation can assign an arbitrator if contacted about board election disputes.

Residents say they are considering filing a complaint.

Residents also say that Alvarez and her fiance, Philip Tagliarini, have been heavily involved in Amber Place. The couple call residents to check on them and share gossip.

"I knew everybody's business because they would tell me," Everett said. "It might not have been negative, but it was people's business."

In recent months, residents say, Alvarez and Tagliarini have tried to divide the neighborhood in an effort to muffle dissent.

Mota said Alvarez faxed her private information about one of her neighbors, an outspoken critic of Alvarez and the alliance. The information, including details about the neighbor's driver's license and criminal history, was faxed to Mota's job.

Dipe said Tagliarini also talked about the same neighbor, saying "that she was a criminal."

Alvarez acknowledged sharing personal information about one resident, but said she only distributed public information. She denied that Tagliarini called anyone a criminal.

"The only thing that was said to any residents: Before you start listening to anyone, you really need to know what their background is and what experience they have in these matters," she said.

Dipe said she maintained a good relationship with Tagliarini prior to learning that the alliance had hired Real Manage without the neighborhood's knowledge.

On Feb. 5, she e-mailed Tagliarini to express concern and demand an association meeting be held.

"Many homeowners are indifferent and lost confidence in HEA after paying association fees for two years without any activities," Dipe wrote. "I know you told me the money is safe in the bank. However, issues like my fence is what I pay this money for and I am entitled to get prompt service."

Tagliarini sent an angry reply, criticizing residents and saying "almost every owner" in Amber Place had been asked to participate on the board.

"You mentioned activity, or lack thereof, from the dues. I think you fail to realize that WE, HEA, has paid and paid and paid for your fees each month when the bills come," he wrote. "I am appalled to hear that owners expect us to continue to pay these bills... It is time that owners take RESPONSIBILITY for their ENTIRE subdivision. Homeownership is a Privilege AND a Responsibility."

Tagliarini did not respond to a request for comment.

Loss Of Control

Alvarez said that the hiring of a property management company was discussed a year ago during an association meeting in one of the neighborhood cul-de-sacs.

She provided a copy of association minutes from June 6, 2007, that showed other issues being discussed at the time, such as nonpayment of association dues and the need to name an association board.

"It was suggested that attendees consider who would be interested in becoming association officers, president, vice president, secretary and treasurer," the minutes state. "No one came forward."

Alvarez said that about 20 people attended the meeting.

Nearly a year later, in March, the next meeting was held. This time, only about seven homeowners attended.

Alvarez prepared a financial statement for the meeting that showed the alliance paying more than $13,500 to maintain Amber Place since 2005. Baum called it a "gift" to residents.

The expenses now are being paid out of association dues, administered by Real Manage. The company, per the statement, will be paid $7,320 this year to oversee day-to-day operation of the neighborhood. Baum said his office also maintains the property, inspects deed violations and makes corporate filings.

Several of those tasks, however, including maintenance, administrative duties and corporate filings, are listed on the statement as separate expenses.

Real Manage also has been given control of more than $9,600 in association dues collected since 2005. Alvarez said residents should be thankful to have that money.

"We funded that place out of our pocket and saved that money for them," Alvarez said. "We didn't have to do that."

Three weeks after the meeting, on March 24, the homeowners association was dissolved.

'Out Of Our Lives'

Since then, new board members have not been contacted, according to Mota, who was named vice president at the March 4 meeting.

"We're not really in charge because we were never told what to do," she said. "Nothing has been done."

Baum said repeated attempts have been made to gather a quorum, but none of the board members will respond to his office.

"I don't know what their problem is with HEA. I have no idea," he said. "Our next plan is to contact the board in exile and request that they schedule a meeting."

Residents say they don't trust Real Manage because it was chosen by Alvarez.

They know something has to happen. They just don't know what or when.

"We want our association back. However, we want Real Manage out of our lives and HEA," Dipe said. "We know we need an association. We want to keep our neighborhood clean. We want to be in charge."

Reporter John W. Allman can be reached at (813) 259-7915 or jallman@tampatrib.com.

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