The Rules Rule
"The condo association argued . . . that it has no problem with mezuzot generally, but that condo owners must seek permission before putting them up." A rule, like TAMPOA's, forbidding residents from making additions or changes to the exterior of their property without prior written consent is what got a swanky "Premier Community" in Fort Lauderdale in big trouble with the Federal Government, the U.S. Attorney, and the Florida Attorney General.
This association thought it could play fast and loose with enforcing its rules. Now the association is going to pay the piper, probably big time. In addition the association has been made to look stupid. (Does this remind you of any association you know?) What is worse, its residents likely will no doubt be "assessed" to pay what are sure to be the enormous lawyers' fees resulting from this lapse of good judgment.
It will be interesting to see how TAMPOA handles its rules in the future. Here's another bundle of TAMPOA cash likely coming to a Key West law firm near you.
Building a "Premier Community" has its rewards, doesn't it?
This association thought it could play fast and loose with enforcing its rules. Now the association is going to pay the piper, probably big time. In addition the association has been made to look stupid. (Does this remind you of any association you know?) What is worse, its residents likely will no doubt be "assessed" to pay what are sure to be the enormous lawyers' fees resulting from this lapse of good judgment.
It will be interesting to see how TAMPOA handles its rules in the future. Here's another bundle of TAMPOA cash likely coming to a Key West law firm near you.
Building a "Premier Community" has its rewards, doesn't it?
Labels: Government, Lawsuit, lawyers, Truman Annex
posted by Conchette at 11:33 AM
11 Comments:
The basic tenet of TAMPOA is equal enforcement of the rules and regulations This appears counter to what you would wish, as you take such um bridge at being cited for a rules violation. Maybe you would like to be excluded from the rules all of us agreed to, by joining a home owners association. If you can't find the rule on the website just go to the office and ask for the information. What is so difficult with that?
I don't believe there is a list of rules. We have asked for a copy of the rules and not received them. We got in trouble for not having enough mulch in our landscaping. In just walking around Tampoa, I found just "rocks" on some properties, and even just "dirt" on other Tampoa properties. What is the rule for "mulch" in landscaping?
What is the rule concerning mulch in landscaping at Tampoa? We have asked about that and received no answer. Some Tampoa properties have just "rocks" in their landscaping, and some properties have just "dirt." We have gotten in trouble concerning mulch. The rules are not applied to every homeowner.
It is as you say -- there is something very wrong with these rules, the board and the major domo.
Though there may have been some minor lapses here and there, overall the association has been dilligent in enforcing the rules across the board. There's no way that a "pattern of lack of enforcement" lawsuit against TAMPOA in an attempt to overturn an enforcement action would succeed.
Rules are enforced by the Architectural Control Committee. Rule enforcement and citations are not done by either the volunteer board or the paid management company.
I am familiar with the yard of the woman who complained about being cited for no mulch. Others may have no mulch and just rocks. I will not dispute that. The difference is that other people with rocks in their yards also have trees, flowers, bushes and other plantings. The woman who complained has no mulch and no trees and no landscaping at all. Her yard has been an eyesore for years. It was the only home with peeling paint and rotting wood for a very long time until those issues were finally addressed. Mulch was suggested to her as a low cost alternative because she was not willing to properly landscape with trees and other plantings. It does not bother her to let her house and yard fall into disrepair because she does not live there.
In general, people have been so pleased with the fairness of the Architectural Control Committee that the primary leader of that committee, Bob Frechette, was just elected to the board. The complaints are coming from a very few people. It is very common to "get a letter". Most people just go ahead and take care of the issue as soon as they get their letter. In fact, I cannot think of any long term resident who has not "gotten a letter" at one time or another. It's no big deal.
TAMPOA is not like the condo in Ft. Lauderdale that you described. Many Jewish homeowners have put up mezuzots. No one would ever be cited for this small, tasteful (usually 2 inches or less) symbol of their faith.
We observe that no recently elected TAMPOA Board member got elected because of their popularity. They are on the Board because no one else ran for their seat. No one else wanted to take on the mess that the other Board members had created. If no one had voted, these people would have been "elected" because they were the only ones in the running. They were not elected because of their popularity -- only because they were the only ones who put their names in.
To the Anonymous commenter who opines that no one would be cited because of a "small, tasteful symbol of their faith," you miss the point and the problem. What is "tasteful" in your eyes may not be "tasteful" to someone else. Who are you to judge whether a symbol of someone's religion is "tasteful?" The constitution protects religious symbols whether they are "tasteful" or not. In fact the constitution was written to protect distasteful religions, if you remember your revolutionary war history.
For the record: Linda Russin WAS selectively cited for lack of mulch despite having landscaping with multiple species of palms and an extensive variety of native species trees (including gumbo limbos, mahogany, lignum vitae, geiger, satinleaf, buttonwood, etc.), as well as a variety of ground plantings. This is far from "no landscaping at all" as a subsequent blog poster would have you believe. In addition, she IS an active resident of Key West and has made her home in Truman Annex for more than 15 years. So let's try to get the story straight, OK?
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