LAKE COUNTY, Fla. — A 77-year-old Lake County woman is fighting to return to her home, where she’s paying a mortgage and HOA fees.
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Channel 9 reported last December that Linda Wolner fell behind on her HOA dues while hospitalized for months.
The HOA petitioned the court to appoint a receiver to maintain the property.
Another major issue has surfaced in the case.
Wolner’s attorneys are now trying to determine what happened to her belongings inside the home and whether the receiver did property inventory.
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This is now a part of a fight that has lasted for two years and could happen to anyone.
Wolner had to be wheeled into a Lake County courtroom this week, still pushing to get back into this home she legally owns in a 55+ Leesburg community.
She was forced out two years ago when she fell behind $480 on her HOA assessments while in the hospital and rehab after a terrible fall.
“I didn’t realize that she couldn’t get back into her home, so I thought it was just a misunderstanding,” Amy Cearly, Wolner’s caregiver, said.
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Court records we reviewed show that the Plantation of Leesburg HOA manager filed a petition asking a judge to appoint a receiver to take over two homes in the community, including Linda Wolner’s.
The HOA argued that it had exhausted due diligence to track down Wolner and that no one appeared to live in the home for at least two consecutive months. It cited visual exterior inspections showing that the property was deteriorating, with no electricity and excessive overgrowth.
The receiver told the judge during this hearing that Wolner now owes them more than $46,000 for renovations performed inside and maintenance outside of the home the receiver is now renting out.
“We don’t believe we’ve been provided an appropriate accounting of the money spent,” said Alicia Whiting Bozich, Wolner’s attorney. “Where the money is going the actual charges, real charges, not just what they are saying 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 purchase things in bulk,” Gina Solow, the receiver, said. “I can provide receipts, but they would not just be relevant for her home.”
When the HOA moved to appoint a receiver, it leaned on a 2020 state law to prevent communities from falling into mass disrepair by applying to commercial properties rented or foreclosed.
Homestead properties are exempt, but the HOA argued Linda lost her homestead because they believed she had abandoned the home.
“Florida is full of elderly, talk to your neighbor,” said Whiting Bozich. “If they go in the hospital, keep an eye on their house for them because you don’t want this to happen to you.”
The judge will review testimony and records to determine what’s next.
The case involving whether Linda Wolner can get her home back is on appeal.
Her attorneys argue that she simply can’t afford to pay the $46,000 the receiver demands, so an accounting of receipts and the work done is important for their case.
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