A 77-year-old Lake County woman is fighting to return to her home, where she is paying a mortgage and HOA fees.
Channel 9 reported last December that Linda Wolner fell behind on her homeowners association dues while she was hospitalized for months.
The Owners’ Association has filed a request with the court to appoint a trustee to manage the property.
Another major problem in the case has come to light.
Wolner’s attorneys are now trying to determine what happened to her belongings in the house and whether the trustee did an inventory.
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This is now part of a fight that has lasted two years and could happen to anyone.
Wolner had to be wheeled into Lake County Court this week. She still wants to move back into her home, which she legally owns and which is in a residential area of Leesburg where people over 55 live.
Two years ago, she had to leave her home because she was $480 behind on her homeowners association dues during her hospital stay and recovery from a terrible fall.
“I didn’t realize she couldn’t go to her house anymore, so I thought it was just a misunderstanding,” said Amy Cearly, Wolner’s caregiver.
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The court documents we reviewed show that the manager of the Plantation of Leesburg homeowners’ association (HOA) has filed a petition with the judge requesting that a receiver be appointed to buy two houses in the community, including that of Linda Wolner , must take over.
The HOA argued that it had done all due diligence in locating Wolner and that no one appeared to be living in the house for at least two consecutive months. It cited exterior visual inspections that showed the property was deteriorating, with no electricity and excessive vegetation.
The trustee told the judge during this hearing that Wolner now owes them more than $46,000 for renovation work inside and maintenance outside the home that the trustee is now renting out.
“We do not believe that we have been given an adequate accounting of the money spent,” said Alicia Whiting Bozich, Wolner’s attorney. “Where the money is going is to the actual charges, real charges, and not just what they say are charges.”
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“As a court-appointed receiver, I buy things in bulk, I have a Home Depot account, I have a Lowes account, I buy things in bulk,” said Gina Solow, the receiver. “I can provide receipts, but they wouldn’t just be relevant to her house.”
When the homeowners association sought to appoint a receiver, it relied on a 2020 state law designed to prevent communities from falling into mass disrepair by filing for commercial properties that are leased or foreclosed.
Homestead properties are exempt, but the HOA argued that Linda lost her homestead because they believed she had left the house.
“Florida is full of senior citizens, talk to your neighbor,” Whiting Bozich said. “If they go to the hospital, keep an eye on their house because you don’t want this to happen to you.”
The judge will review the testimonies and the files to determine what happens next.
The case over whether Linda Wolner can get her house back is on appeal.
Her lawyers claim she simply cannot pay the $46,000 the trustee is demanding. An overview of income and work performed is therefore important for their business.
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