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Land deal is not what Citrus Park neighborhood expected
By TIM GRANT © St. Petersburg Times, published April 6, 2001 CITRUS PARK -- In exchange for community support during the Veterans Expressway road project, a construction company deeded 17-acres of lake property to Woodbriar West homeowners when the work was done. For years the residents mowed the grass, stocked the lake with fish, paid taxes and kept insurance on land they thought was theirs. But recently they learned they might not own the property -- it might really be owned by the former president of the homeowners association, who negotiated the land deal and has since moved. What's more, their homeowners association is dissolved, and a newer association cannot enforce deed restrictions. "Its been a very frustrating experience for everyone in here," said homeowner Randy Garrett. "There's a lot of disbelief, frustration and anger." A compromise that began with the best intentions has led to the confiscation of a tractor and a state attorney investigation. Neighbors are suspicious of each other, and many are angry at Brent Gibbs, the man they say started it all. Gibbs, who was approached at his new home in Odessa, would not consent to an interview. Sheriff's deputies also declined to discuss the case. While Woodbriar West residents are still looking for answers, their story illustrates how trouble can befall a small homeowners association if few people give it close attention. The rumble of heavy equipment went on for months in 1993 as the Veterans Expressway was built near Woodbriar West. A construction company dug a 10-acre borrow pit on agricultural land next to the neighborhood to obtain fill dirt for the toll road construction. While the neighbors were inconvenienced, they were rewarded for their support. S&E Contractors turned the borrow pit into a lake, landscaped the seven acres around it and then deeded the entire 17-acre tract to the 92-home subdivision as a private recreational park. "The intention was, we wanted it to be a win for the community," said Doug Ebbers, then-president of S&E Contractors. Now it's unclear what the community really won. Records show in August 1994, Gibbs formed a corporation named Woodbriar West Group Inc. And while acting as negotiator for Woodbriar West residents, Gibbs told an attorney to transfer title to the 17 acres from S&E Contractors to the corporation he formed. Pinellas County lawyer Tim Johnson said his file shows on Dec. 20, 1994, Gibbs called his office and left a voice mail advising him to deed the land to Woodbriar West Group Inc. "According to the files, the only contact anyone had with anyone was Mr. Gibbs," Johnson said. "He's the only guy (from the community) anybody ever dealt with." Johnson said his office checked corporate records and saw that Woodbriar West Homeowners Association was dissolved in 1988 (for failure to file annual reports). Woodbriar West Group Inc. showed Gibbs as the registered agent and there were no officers listed at the time. Does that mean Gibbs owns the property? "That's a leap you can't necessarily make, but on these facts, you can probably make that leap," Johnson said, explaining that often lawyers are listed as registered agents although they don't own the companies. The issue came to light recently after sheriff's duties helped Woodbriar West residents recover a tractor that S&E Contractors donated to the community. S&E Contractors had given the tractor to Woodbriar West as part of the land deal. "We purchased the tractor for (the residents) and delivered it to the homeowners association in care of Mr. Gibbs who at the time was president," said Jim Thompson, former fleet manager for S&E Contractors. "It was not meant for his personal use." Lt. Rod Reder, the sheriff's spokesman, said a tractor was recovered at 16519 Cayman Drive in Longboat Landing, the Odessa neighborhood where Gibbs now lives. Thompson said he and the Woodbriar West homeowners verified it was the same tractor his company had donated. Gibbs is under investigation for grand theft auto, according to state prosecutor Pam Bondi. Gibbs acknowledged he was using the tractor to pull his boats in and out of the lake by his new home. During his four years in Longboat Landing, Gibbs has been active in that community's homeowner association. He was nominated to serve as president in the last election. Gibbs declined the position, but accepted a role as vice president, said Jose Ortiz, the current president. "We have not had any concerns or complaints about Brent," Ortiz said. "I can't tell you about his personal life, but from a business standpoint he is very disciplined, knowledgeable, and he sees his projects through." After Gibbs left Woodbriar West in 1997, board members said they had no clue about what he had been doing. Debbie Kebel, who served as the Woodbriar West association's secretary and treasurer from 1996 to 1999, said that although Gibbs had gone door to door collecting dues, he refused to give her any financial records or any documents relating to the borrow pit. "I had to write the Department of Corporations to even find out who the officers were because Brent Gibbs wouldn't say," Kebel said. Kebel said they discovered in December 2000 that Woodbriar West Group Inc. is a privately owned land holding corporation, not a homeowners association. They contacted Clearwater attorney Steve Mezer for advice on how to gain control of the 17 acres, then decided they could not afford to hire him. Mezer would not say whether he thinks Gibbs owns the lake property, but he did say Gibbs did not follow standard procedure in setting up the new homeowners association. He said state statutes require at least three directors when forming a not-for-profit corporation. But the biggest error he sees is that the corporation Gibbs formed is not tied to the community's deed restrictions. "By putting that tie to the deed restrictions, it empowers the homeowners association to have standing to enforce the deed restrictions and to collect money to fund its operations," Mezer said. "There's nothing illegal about that, but it's not fair to put residents in a subdivision of that size and quality and not give them a functional homeowners association. In most associations, membership is mandatory, particularly if you have an asset like this lake parcel to maintain and administer." The revelations have shaken this community's confidence in their homeowners association. They have met repeatedly in recent weeks to find solutions for their predicament. They say their biggest hurdle could be raising the money to pay an attorney to work on the case. Homeowners who feel they've been duped are more reluctant than ever to make voluntary donations. "There has been a tremendous loss of trust," Garrett said. "Of the (92 homes) here only a third would pay dues in the last three years." Kebel said they may have to re-establish this homeowners association one household at a time. "I am personally going to be very involved in helping to rebuild the organization and regain the trust that was lost," she said. -- To reach Tim Grant call 226-3471, or e-mail him at grant@sptimes.com.
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