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New Subdivision's Lone Homeowner Files Lawsuit

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By LOIS KINDLE, The Tampa Tribune

Published: December 12, 2007

Updated: 12/10/2007 07:44 pm

APOLLO BEACH - When Vito Saputo Jr. moved into his Hemingway Estates home eight months ago, little did he know that his dream house would turn quickly into a nightmare.

Frustrated by what he feels is stonewalling from his builder and a county bureaucracy that failed him, he has turned to a lawyer for help.

"It's all so mind-boggling," he said of his troubles. "I just want out of here."

Saputo's problems began before the April move.

He paid a 10 percent deposit on the $678,000 house in June 2005 to Plant City-based MM & A Construction, the subdivision's builder. He expected to move in the following August. The purchase contract included a private dock, use of a community pool and gated entry into the community.

In anticipation of the closing, Saputo put his Brandon home on the market. When it sold in February 2006, he moved his family into a nearby apartment community.

"I thought we'd only be there a few months, but that turned into 13," Saputo said. "Things were a long way from being finished, but I wasn't worried because I was working at the time with a man named Mark Revelia MM & A vice president, and he assured me I wouldn't have to close until everything was completely finished."

But Revelia died Feb. 14, and Saputo began dealing with Wendall Black, Revelia's replacement.

"He immediately began pressuring me to close," Saputo said. "Within two weeks of Mark's death, he called and told me the closing would be in two weeks. I thought I was going to lose my deposit."

Saputo didn't know that MM & A unknowingly built a wall on the county right of way because of what county officials said may have been a title error.

Rather than tear down the wall, the builder's attorney, Biff Craine, petitioned the county to vacate its right of way in exchange for MM & A building a public sidewalk and raising Dickman Road to prevent potential flooding. MM & A also agreed to improve the intersection at Dickman and Apollo Beach Boulevard and post a $1 million bond to ensure the work would be completed.

Site development review manager Craig Mahlman of Hillsborough County Planning and Growth Management said generally the county would not have issued a certificate of occupancy before those improvements had been completed.

"But my recollection is the builder told us the homeowner was under a hardship because his lease was running out," Mahlman said, adding the off-site sidewalk was not critical to Saputo and his family. Saputo's children are 15 and 17.

In March, Jerry Sparks, building services manager for the county, issued a certificate of occupancy. The closing took place April 12, during which Saputo said he made objections because the construction of the pool, dock and gated entranceway had not started.

"They MM & A told me not to worry; it would all be taken care of," Saputo said. "They gave me a check for $1,300 to put my boat in dry dock for six months."

Meanwhile, Bob Campbell, county transportation and land development manager, ordered certificates of occupancy in Hemingway Estates be stopped.

Campbell said MM & A wanted to close Dickman Road during the roadway project so it could complete its obligation to the county at one time. That would have included the intersection adjacent to Apollo Beach Elementary School.

"There was no way we could do that because it would have paralyzed the school," Campbell said. "So we required them to do the work in two phases."

Although MM & A has closed on six other units, no one else has moved into Hemingway Estates. Forty-four units have been approved for construction, and more than 20 houses sit empty.

"When they started construction on Dickman Road, we became prisoners in our own home," Saputo said. "It was a nightmare getting in and out."

Road work continued through Sept. 18.

"The only reason we hold up something is that something is not in conformance with the law, code or standard," said Mallory Hodge, site inspection team leader. "We have to have a reason."

Hodge said he, too, was under the impression Saputo wanted to get into the house, so the county gave special consideration.

"This is a combination of various departments of the county not communicating with each other and the builder running roughshod over the entire group," said Anthony Woodward, Saputo's attorney. "And the title company may have really screwed up."

Although a lawsuit is possible, Woodward is in the fact-gathering stage.

"I'm a person who doesn't even like to complain, but this situation has become unbearable," Saputo said. "If I can afford it, I'm considering moving out and renting a home elsewhere, and I'm hiring a security consultant to provide a risk analysis. My family just doesn't feel safe here."

Calls to the builder for a statement were referred to Craine, who said he couldn't comment because he's unaware of any claims.

Reporter Lois Kindle can be reached at (813) 865-1553 or lkindle@tampatrib.com.

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