Quote:
Originally Posted by ilovetv
(Post 824371)
It's interesting that, of all the lawyers advising, leading and defending the POA members and residents in the settled lawsuit and on current issues, none of these lawyers has apparently advised roof owners to use the less expensive "people's court" option of Small Claims Court actions they could file without a lawyer's fees. But then, the lawyers' past and future legal fee potential would be much less if all individual homeowners took their own roofing cases en masse to "the people's court".
"A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest, and attorney fees. Because Small Claims court is considered a "people's court," it is not necessary to have an attorney to file a claim. Forms to file a small claims case are available at the County Civil Department at the Clerk's Office and here on our website. Attorneys are not precluded from this court, but are not required."
Small Claims - Sumter County Clerk of the Courts
"...The case concluded last week in Lake County, where Circuit Judge Lawrence Semento approved a settlement agreement that requires the developer to pay about $40 million over the next 13 years to replenish accounts used to maintain facilities and pay pool monitors, after-hours golf ambassadors and Neighborhood Watch staff.
The settlement also requires the defendants to pay $50,000 each to Dreidame and four other named plaintiffs and $6.7 million to the plaintiffs' brother-sister legal team, Dougald McMillan and Carol McMillan Anderson."
Villages developer to pay $40 million for recreation upgrades to settle a lawsuit - Orlando Sentinel
|
These are two
completely different situations. The $40 million settlement served "to replenish accounts used to maintain facilities and pay pool monitors, after-hours golf ambassadors and Neighborhood Watch staff." This lawsuit was based on collective issues that affected (and continued to affect) the community as a whole, as opposed to individual homeowners with individual construction issues. That the leadership of the POA who virtually made this lawsuit their lives for however long it took were paid a token out of the settlement, and likewise there is nothing inappropriate for the lawyers (who
always do well no matter what...) to have been paid for their services.
The present Owens Corning issue affecting
individual homeowners (as opposed to the entire community) might appear to lend itself better to a small claims approach. That the lawyers who were so successful using the class action suit approach are urging its use again is not out of line, however. Nothing succeeds like success, on top of which why should they not be concerned over their potential income? After all, they too are not doing public service work altruistically; I would doubt they have the same "deep pockets" as the developer (who has seen to it that the relevant Villages committees are not to be supportive of those affected homeowners). So, the lawyers' orientation is on class action suit.
This doesn't mean that collectively we property owners need to agree with this approach, considering the
completely different nature of the issue. Those homeowners who are affected may wish to choose the class action route based on the success of the earlier suit, though they must keep in mind that the numbers of those involved will be much smaller than an entire community as was involved in the earlier one. On the other hand, those homeowners
who individually are affected by the Owens Corning debacle who recognize the potential effectiveness of individual small claims filings are free to follow that route. It's already been made clear that shockingly there has been and likely will be no support from the relevant Villages departments who appear to be taking the side of Owens Corning while throwing the affected individual homeowners under the bus, so to speak.
So the end result is that it is up to the affected individual homeowners whether to consider coming together, with the support of the POA (and let's face it, support is not coming from any other quarter...), and file a class action suit, keeping in mind the success of the earlier one but also being aware that settling it might (would?) take a long time; or they can pursue individual small claims actions in Sumter County, perhaps choosing to coordinate their filings either simultaneously
or spread out, deciding among themselves which strategy will take a greater toll on Owens Corning and thus hopefully provoke a settlement on the part of this company (that doesn't need the bad publicity either). Just because lawyers are not suggesting the small claims approach doesn't mean that it's not a potentially good one. After all, we aren't lemmings; we're quite capable of making our own choices!