June 26, 2020
By: Deborah Childress
SUN CITY CENTER Fla. – A 55-plus senior community association operating recreational facilities other than golf courses, filed a lawsuit on June 25, 2020, against a household consisting of under-age residents who are allegedly related to one of the defendants in the case.
Sun City Center Community Association, a non-profit corporation, alleges that four of six defendants, specifically Larry Jennings, Ray Jennings, Linda Wolff and Charles Christman are each of 55-plus age and residing within the age-restricted territory of the Sun City Center Senior Citizen Overlay District.
According to the Hillsborough County Land Development Code, Section 3.01.09, the association is allowed to restrict the age of overlay district occupants to 55-plus for at least one resident, and disallow minors under the age of 18 to reside in any dwellings, except for up to 30 days per calendar year.
However, on May 25, 2020, Sun City Center Community Association learned that two minors, a three-month-old and two-year-old were residents at the defendants’ home, which is owned by defendant Larry Jennings. The association stated it believed the minors were the children of another defendant in the case, Desiree Rene Parks.
On May 28, the association sent a certified notice letter to homeowner Larry Jennings, notifying of the violation of age restrictions. On May 29, the association sent a separate notice letter to the remaining defendants, including sixth defendant, Trevor Wolff. As of two days before the date of the lawsuit’s filing on June 25, none of the defendant parties had responded, and the minor children continued to reside on the property.
Sun City Center Community Association cites irreparable harm will be caused if age restrictions are not honored in the community. It is seeking temporary and permanent injunctions against all defendants in the case, disallowing any minors to reside at the overlay district property. It also requests reimbursement of suit costs and attorney’s fees.
Brian A. Leung of Holcomb and Leung, P.A., Tampa, Florida, is the attorney for the plaintiff.