Time To Let Go Of The Gate Idea

Maybe it is time for the screwball idea of a gate at the Southard Street entrance to Truman Annex to go. We had thought the idea had been abandoned by TAMPOA -- at least that's what it told members prior to February 2007. Suddenly, however, the gates idea was back with a vengeance when the federal complaint was filed and is also in the new federal complaint. This idea seems like something from Dr. Strangelove that springs like the uncontrollable hand from a TAMPOA fantasyland. The reality is there will NEVER be a gate at the current entrance to Truman Annex on Southard Street. When TAMPOA will get this, if ever, we don't know. But to avoid continuing to look like idiots, the TAMPOA Board needs to instruct its lawyers to abandon this albatross, and soon!

The truth is the Navy will never allow a gate at the Truman Annex entrance on Southard Street and everyone knows it, including TAMPOA if it were realistic. The June 26, 2007 letter the Navy sent to TAMPOA demanding that it open the gate next to Harbor Place should be handwriting on the wall that a gate at the Southard Street will not be tolerated. (We'll have more to say about that up-coming fiasco in a future post).

Now, imagine what will run through the mind of the federal judge (or any judge) when the Navy or the City shows the judge this picture from Cayo Dave's article about what alternatives TAMPOA actually has. The judge, as anyone (including a juror) with common sense, is going to think, "that doesn't look so bad," and is a possible solution that meets TAMPOA's stated interests in a "gated community."

Such a plan also deals with TAMPOA's rather illusory fear of being sued by the ultra rich who bought mega homes allegedly thinking (if you can believe it) that they were buying into a gated community. Under such an alternate plan, Southard would remain open, and if TAMPOA insisted, it could have its gates, transponders and all, for those who want them, on Emma Street.

There are really two groups whose interests might not be totally satisfied by such an alternate plan. One will be the folks on the west side of Southard Street, but there are only about half a dozen or so of them whose homes actually face the street. For the other few Southard Street runs along the side of their residences giving them less to complain about as there are a number of fences in the Annex that run along the sides of residences.

The other group to complain will be the those in big houses near the intersection of Emma and Southard who will not want a gate on Emma near their residences. The solution to that complaint can be found in the design of the gate so as to make it less obtrusive, or to abandon the gate altogether for some other restraint like high tech retractable tire spikes.

The bottom line is there is never going to be a gate at the entrance to Southard Street, so why is TAMPOA wasting time and money on this issue when there are truly more important issues in the litigation? Beats us. It's just weird.

More Construction Near Ttuman Annex

In case you haven't heard, the Key West Planning Board last Wednesday, June 25, 2007, approved the addition of a fourth floor to the parking garage at the Westin Resort and Marina. The floor will provide 114 more parking spaces and will not have a roof. If you live nearby, plan for more dust and noise.

One consolation. At least the project will likely be finished before new the Monroe County Courthouse, which at the glacial pace of construction there may not be completed before the decade is out.

Why? Because unlike the Courthouse debacle, Westin has an incentive. No one is going to pay $500 a night to stay at the Courthouse.

TAMPOA Board Meets Again Monday

A "regular" meeting of the TAMPOA Board will be held on Monday, June 4, 2007 at 4:00 p.m at the Board offices. The agenda for this meeting appears to have been handled with more care than was the case with the Executive Session agenda. Apparently, also, the minutes for the April 30, 2007 were not approved at the Executive Session of the Board held last weekend on Memorial Day, May 28. They, along with the minutes of the Executive Session are expected to be approved by the Board on Monday.

On Monday's agenda will be a report by the Board President on the litigation with the City as well as a report on the proposal for the assisted care facility on the Truman Waterfront. Of the two items, the litigation with the City is likely to be more interesting.

We may also get a glimpse of some of the data in the year-to-date financial statements when the Treasurer makes his report, although don't expect anything earth-shattering.

The Architectural Control Committee (we love that name -- especially the control part) has been busy now that hurricane season is officially upon us. They're going to talk about what kind of policy they'll have for roll-down shutters for your front doors. The shutters have to look nice, you know. Never mind whether they're the best for keeping out the wind or, heaven help us, are the cheapest. So, the Control Committee will report on all that and whether beauty will reign at the hurricane prom. We know how that will end. But, will the resulting report be posted on the Internet like the plans for the American Embassy in Baghdad? Bet not.

The "new business" on the agenda sounds interesting. An additional set of lawyers -- you can't live without 'em can you? -- has given the Board a legal opinion on "storm drainage." That might be interesting to read, if you could get a copy of it. We suggest you ask. Couldn't hurt, even though TAMPOA may not give it to you, but who knows? If you don't ask for stuff, you'll likely never get it. That's just the way government, public as well as private, is. Just another version of "You Don't Ask, We Don't Tell."

The City wants to remove the fence around the Truman Waterfront property, so there will be a discussion of that issue. The agenda item is phrased as if the City needs to ask TAMPOA for permission. It does not, so don't think there is suddenly cooperation between TAMPOA and the City over the fence. Not a chance. The City is simply going to take down the fence if it wants. No harm in talking about it though, and it certainly does impact Truman Annex. We all know, however, that if ever the City (or someone) does start to develop the Waterfront, a fence will go back up. In the meantime, the City can play its game of smoke and mirrors and pretend it is doing something with the property.

Aside from the discussion of the legal opinion on storm drainage, the most interesting item on the New Business portion of the agenda appears to be the "review of [a] survey to expand or reduce the allowable annual rentals from 16 annually." The interesting word there is "survey." What survey? Certainly it's not the Board's survey, unless it was one among the Board itself or its friends. Of course the agenda doesn't tell you who conducted the survey or what it showed. If you didn't know better, you'd be tempted to think this piece of the agenda is one of those TV advertising ploys like "I've Got A Secret" to get you to tune in and attend the meeting so you'll learn what the secret is. Well, we'd rather know the secret up front so we can decide whether to watch or go have a Mojito.

Seriously, does anyone still care about the number of annual rentals? Seems to us there was a lawsuit about that several years ago. Are we going down that road again? We certainly hope not.

Doesn't TAMPOA have enough regulations -- so many in fact that no human can keep track of them all or even find them so as to publish a comprehensive "Book of Rules?" Now there's a project that would keep someone out of the sun for at least five years. Try to find all the TAMPOA rules, compile them, and publish them for the residents. Let's see a show of hands of how many Board members would "volunteer" for that project? Not a one do we see.

TAMPOA is like Congress. It just keeps passing laws (rules) usually without any thought as to how they are going to be enforced or how much they will cost. In TAMPOA's case, no one seems to know what all the rules even are or where to find them. That's why you get "I'll have to call you back" or "I'll look into that" when you call the office with a serious question about the rules. Sometimes you even get a guess. When there are so many rules that no one can recite them all, that's understandable, but that's also a sign of a system seriously in trouble.

Our view is leave people alone. That's why many folks came to Key West. If they want to rent their property they ought to be able to rent. Quit trying to be their keeper.

For those who are not tired of reading, here's the list of the ten items on Monday's TAMPOA Board meeting agenda:

"AGENDA

1. Call Meeting to Order

2. Determination of Quorum

3. Proof of Notice of Meeting

4. Approval of Minutes
April 30, 2007 Board of Directors meeting
May 28, 2007 Executive Session Board of Directors meeting

5. Reports of Officers
President’s report:
Discussion of litigation with the City of Key West
Update of proposal for assisted care on Truman Waterfront

Treasurer’s report:
Review the year to date financial statements

6. Reports of Committees
Architectural Control Committee:
Review roll-down shutter policy for front doors

7. Unfinished Business

8. New Business
Review legal opinion on storm drainage
Review proposal by City to remove the fence around the Waterfront property
Review survey to expand or reduce allowable annual rentals from 16 annually
Management items

9. Member Input

10. Adjournment"

Now, we can go have brunch and a Bloody Mary.

The Opportunity In TAMPOA's Malaise

When one goes to meetings in this town, it is painfully obvious that TAMPOA has a serious image problem. Unfortunately, for the residents of the Annex who care about how we are perceived, TAMPOA continues to take the low road and echo a "Frankly-my-dear-I-don't-give-a-damn" approach to its dealings with the rest of the community when it comes to Southard street and possibly other portions of the Truman Waterfront. This is very sad, as well as down right stupid.

Unfortunately the reality right now is that there is so much anger and resentment lingering in the Annex over TAMPOA's litigation strategy that the TAMPOA Board is virtually paralyzed by a circle-the-wagons mentality. About the only actions it feels empowered to take now have to be guaranteed to be undeniably safe, insular, and low profile. The Board has effectively painted itself into an insular box thanks to its reliance on some incredibly bad advice that ignored the context of the problems it has faced. In many respects, right now the Board feels and acts like its hands are tied, and it is adrift in the litigation winds. It is hoping in vain for a miracle that may lead it out of the black hole it is now in and does not seem to realize, despite some advice to which it has been privy, that the problems it faces will still exist regardless of whether TAMPOA wins or loses its litigation with the City.

Right now, TAMPOA is living its life through its litigation, a typical, but dangerous, syndrome from which many who put all their eggs in the litigation basket suffer. This has caused the TAMPOA Board to become incredibly defensive, hostile, and edgy at the slightest criticism.

The Annex right now is very polarized, but the issues over which that is occurring are at best diffuse. The polarization lines are clearly drawn. You are either with the Board, or you are viewed as a virtual traitor. Yet there is no clear line or issue on which everyone agrees; only bits and pieces. Everyone wants change, but few here seem to agree on (or perhaps even know) what that should look like. Folks in the Annex right now are stuck, and all their leaders can muster at the moment is to vent and blame, neither of which moves us closer to a resolution of the existing ill will between TAMPOA and the City that has now infected many other City residents.

For those of us who feel like it is time to stop all the nonsense the Board has continued to allow itself to become enmeshed in and to seek creative solutions based on objective criteria, the Truman Waterfront Project offers TAMPOA a renewed and unique opportunity to foster creativity and cooperation with the City and other City residents. That opportunity will require new thinking, new attitudes, the ability of TAMPOA to put itself in the City's shoes, a clear nonjudgmental understanding of the City's perspective, and decision-making based on objective criteria, not blame, finger pointing or accusations of gamesmanship. Frankly, we are not sure the TAMPOA Board, as a whole, is up to the task or has the leadership it needs to get where it needs to go. Nonetheless, the opportunity for change or doom is there in the Truman Waterfront Project.

This opportunity is not simply to successfully construct the Waterfront Project. If that is all that both sides (TAMPOA and the City) think the Project is about, the Project has already failed as far as the relationship between the parties is concerned. No, the opportunity is a renewed chance to focus on the most critical question facing TAMPOA and the City. However, the question is more critical for TAMPOA since it may involve TAMPOA's survival as an institution that purports to govern the Annex.

That question is a simple but essential one. How can we all create the respect for each other that will make it possible to constructively discuss (and even disagree over) options while uniting behind common goals? That is the hard but essential question the TAMPOA Board and those of good will in the City must wrestle with if the Waterfront Project is to succeed.

Talk Spoiled The Federal Lawsuit

Back in November 2006, as we recall, Tom Tukey, President of theTAMPOA Board felt there was so much animosity against the City among TAMPOA members that it would be impossible to resolve the dispute short of litigation. Tukey at that time felt that TAMPOA had to file a lawsuit, though his preference would have been to continue to talk. He felt that talk alone would not satisfy the TAMPOA membership. So the lawsuit got filed in February, 2007. However, the TAMPOA attorneys, Tukey, City Attorney Shawn Smith and Commissioner Bill Verge continued to talk. The time whiled away while the good old boy network tried to work its magic. Unfortunately the federal judge was not part of the that network.

When it came to buckling down and doing the work necessary to produce the required Scheduling Report, well, we hear Shawn Smith let the TAMPOA counsel know he had not given the matter sufficient attention and was too busy to do so. And, the network being what it is, the TAMPOA attorneys just let him get away with that and the deadline for filing the Report went by. They were too nice; to their own detriment.

And, of course, the United States' Attorney didn't care. He, at least had filed something with the court asking for more time. Tell us the City didn't know that the judge would dismiss the case. Is the City now going to compensate TAMPOA Attorney Bill Andersen for his time in refiling the lawsuit? Bet not! No, the City will just know that it now owes him a favor within the network. The problem is that the City's pile of IOUs in the network is getting pretty large, and no one in TAMPOA seems to be collecting on them or benefiting from them.

What we don't get is why TAMPOA and its attorneys continue to get taken in by the good old boy games being played. You'd think that by now, they'd be players in the network too, and good at it. Apparently not. Political hard ball is not their style. And the players on the City side seem to have figured that out. When will TAMPOA draw a line in the sand and say never again? Many TAMPOA members thought that had happened last November, but they were wrong.

The Disingenuous Disinformation Spin

We are now getting the spin of disinformation being put on the dismissal of TAMPOA's lawsuit. One commenter who is spouting the spin says we are jumping to "negative conclusions" by our reporting and with more spin opines,

"The City Attorney and the Mayor have been avoiding accepting service. The suit was dismissed merely as an administrative item. When they are successfully served, the scheduling meeting will be held."

Sorry Anonymous, that dog won't hunt. Here is WHAT IS REAL:

Under Rule 4(j)(2) the City Attorney does not have to be served; only the Mayor. Almost everyone, including even the TAMPOA attorneys, know where the Mayor is. He has not avoided delivery of the Summons and Complaint to him. Rule 4 states:

"Service upon a state, municipal corporation, or other governmental organization subject to suit, shall be effected by delivering a copy of the summons and of the complaint to its chief executive officer or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant."

Service on the United States (the only other defendant in the suit) is also a simple matter. Rule 4(i)(1) says:

"Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and

(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia . . ."

In fact, Rule 4 makes service of process in Federal Court cases increadibly easy. It can even be done by mail in some instances. Obviously, our commenter is not familiar with the rule.

The Federal judge' s February 8, 2007 scheduling order DID NOT SAY that the scheduling conference OR the scheduling report COULD WAIT for the complaint to be served.

The attorneys for TAMPOA knew or should have known how to obtain service on the defendants.

The Summons in the case was signed on March 20, 2007. The Summons should have been (and ordinarily would have been) prepared back on February 6, 2007 when the Federal suit Complaint was filed; especially if there was any inkling that there would be any difficulty with service of process. According to the Federal Court record in the Clerk's Office, the Summons in the Federal case was not even received by the Federal Court Clerk to sign (using a signature stamp) until March 20, 2007. The Summons must be prepared by the plaintiff's (TAMPOA's) counsel. See Rule 4(b). The one submitted to the Federal court Clerk's Office was hand printed, not typed, suggesting it was done somewhat hastily or in person at the Clerk's office. To be sure, there is nothing technically wrong with hand printing the Summons, but as a routine matter, we would expect such documents to be typed, especially coming from a firm with the alleged reputation of the one TAMPOA has hired.

If Counsel for the defendants will not waive service of process, as was alleged to be the case here, service can be made in the manner described above. As a matter of courtesy to each other, lawyers waive service all the time, unless their clients instruct them not to do so. It is simply not credible to assert that the City or the United States or their counsel were "avoiding service." Why would they, when they know what the Federal Rules provide?

The reality here appears to be that service was NOT made until March 28, 2007 on the United States and perhaps not at all on the City. The United States has said it did not receive the Summons and Amended Complaint until March 28 in its motion for an extension of time that the federal judge denied as moot.

The judge's February 8 order was crystal clear and contained a clear warning about non-compliance:"[f]ailure of counsel to file a joint scheduling report within the deadlines set forth [in the February 8, 2007 order] may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs." The scheduling order required that a joint scheduling conference be held by April 7, 2007 and that a report be filed by April 20, 2007. Service had been made before April 7. The judge was not provided any valid excuse for missing the April deadlines. They were either forgotten or ignored.

The failure of TAMPOA's attorneys to abide by the deadlines in the Federal judge's Scheduling Order of February 8, 2007 that resulted in dismissal of the Federal suit can't be excused by the alleged, but unsubstantiated claim that the defendants avoided accepting service. Regardless of whether the defendants were avoiding service, it was still the respondibility of the plaintiff's attorneys to abide by the scheduling order. If that meant having to get the defendants served back in February, (instead of sometime after March 20) then that's what the lawyers should have done. The plain truth is they did not. In fact none of the lawyers in the case even asked the judge to change the deadlines or to give the parties additional of time to comply with the Scheduling Order. One can't blame the judge for letting the parties know he wasn't kidding about the deadlines he set.

The Anonymous commenter, without any evidence or knowledge of Federal Court procedure (or Federal law), states, "The suit was dismissed merely as an administrative item. When they are successfully served, the scheduling meeting will be held." This statement alone shows the disinformation spin being put on the facts by those who will buy any silly excuse to believe that TAMPOA and its attorneys can make no mistakes. What the Anonymous commenter does not get is that the Federal suit HAS BEEN DISMISSED AND THE CASE FILE CLOSED by the Federal Court. It now does not matter now that the defendants "are [or were] successfully served." The federal lawsuit filed in February is over and will have to be refiled. In essence, TAMPOA must start over.

It is also bogus to say, as our ignorant Anonymous commter does, that "The suit was dismissed merely as an administrative item." The commenter wants you to believe that the dismissal was a trivial thing, but it is not. The truth is the suit is done for unless and until it is refiled. All the time between February and now to get the litigation well underway has now been lost and effectively wasted.

And, what about the money spent? Who exactly in TAMPOA will mind the billings from the lawyers to see (if one can) whether TAMPOA gets charged for whatever work that now needs to be re-done? Will that be the TAMPOA Board? Likely not. More important, even if the TAMPOA attorneys absorb the cost of re-filing, it is impossible to absorb or recoup the opportunity costs that have been lost as a result of the case being dismissed. That time is lost, and is time which has value to TAMPOA members -- almost three months more that, despite any speed in resolution, members must wait for answers sought by the lawsuit. Moreover, all the time and energy the TAMPOA Board members and others have invested in supporting the lawsuit has been largely wasted by this result. Sadly, all that time and energy must now be reinvested again.

Is Verge Still In The Negotiation Loop With TAMPOA?

His comments in The Citizen would seem to indicate that he's part of the secret negotiations going on with TAMPOA. In an effort to prevent "leaks" TAMPOA has cut off virtually all communication with its members. Something is in the works according to Verge who says, "I think we are close." We don't think he was just talking about the Waterfront Project when he made that comment.

Of course, the City and TAMPOA have been "close" before, so no one should bet the farm on what Verge or TAMPOA is saying. The City Commission has the final say and it's any one's guess where their heads are. Some may be getting worried, though, that because of their pussy-footing around, they are heading for a loss of the Waterfront Property, just like they lost the Truman Annex.

Existing Home Sales Plunge

Sales of existing homes plunged 8.4% in March, the steepest decline in 18 years according to the NYT that was reporting data from the National Association of Realtors. Existing homes account for the vast majority of home sales.

As if anyone needed to tell those trying to sell in Truman Annex, the housing market is becoming increasingly unfriendly to those looking to sell their homes. Prices are dropping. The median price of an existing single family home decreased almost 1% last month. Sales in the South declined 6.2% in March. The backlog of unsold homes is growing. The trend is downward. The only Cities in the country where prices rose were in Dallas, Portland, Ore., and Seattle.

Cayo Dave has an interesting post on how all this is affecting Key West.

Two Peas In A Pod

"It is time for a total review of HARC guidelines and of those people making guidelines who feel their taste and understanding is best for you and me. . . " Gosh, if we didn't know better, we'd have said we were hearing about Truman Annex. Is the HARC now taking its cues from the Annex example? You gotta love it!

Southard Street Retirement

Opponents of the proposed independent-assisted living facility to be built on the Truman waterfront are objecting to the location. One opponent asks "What's wrong with a site on Stock Island close to the hospital?"

Well, that's not what is in the master plan. Isn't that the same kind of question TAMPOA is raising about the use of Southard Street and the residents of Bahama Village are raising about the use of various streets in Bahama Village?

The project has the land given by Keys Electric, but needs more space -- i.e., the property next to it. We understand that will take a referendum, so the voters ultimately will decide whether the facility gets built on the waterfront if at all.

When the project was first proposed, the original objections were that it could be built anywhere including Stock Island, and the project was taking valuable waterfront property away from development. Now the objection seems to be traffic congestion along Southard Street. Why don't the opponents of the project come clean and just say, "We just don't want it on the waterfront," instead of making a variety of arguments that are only incidental to their real position?

We wonder whether the location issues surrounding this project will fester like the transient rental issue and never seem to get settled? Without strong leadership by the Mayor and City Commission, that is likely to be the case.

Are We All Hypocrites?

You "cannot harbor malice toward others and then cry foul when someone displays intolerance against you. Prejudice tolerated is intolerance encouraged." That's the point Harvey Fierstein makes in talking about the aftermath of the Imus termination by CBS Radio.

He encourages to speak out "against words and deeds of hate, but only if we are willing to rise up against them all, including your own."

We in the Annex have needed for a long time to look inward before we talk about how intolerant the rest of Key West is against us. We are not without our own sins here, yet we tend to act in a patronizing, ignorant and intolerant way when we talk about the how the City has treated the Annex and seemingly "favored" Bahama Village. We have sat in TAMPOA Board meetings and other meetings in the Annex and listened to conversations of intolerance from other spectators, who were not only intolerant but uninformed. Some of those same spectators have written comments on this blog. We have, for better or worse, declined to publish some of the more "hateful" and intemperate comments some of those same folks have tried to post here as the comments were, in our view, too far over the top without contributing anything more to the thread of the discussion underway. Suffice it to say, intolerance is alive and well in the Annex, and most of us are not even aware of it.

But just so we are even handed in making our point here, we don't want our City readers to think that all is well at their end of the spectrum either. Nor do we want anyone to think that we believe we are free from criticism by those who believe we are the same as those we are talking about here. In writing this post we know we are opening ourselves to the same kind of self-righteous finger-pointing by those whom we have been talking about.

However, our goal in this post is simple: at least we in the Annex should be aware of our own intolerance before we turn our sights on others. That is the first step in changing business as usual in this so called "Premier Community." We need to look around and listen around to become aware of our own prejudices and the fact that we are not really aware of the real world outside the fences of our little enclave. Otherwise there will be no end to our being disrespected.

Was Renting Smarter Than Buying?

"[I]t’s now clear that people who chose renting over buying in the last two years made the right move." See for yourself. It turns out that recent home buyers have faced higher monthly costs than renters and have lost money on their investment. Home prices are still too high to make buying a more attractive option than renting, unless you plan to keep a home for many many years. No matter which way you cut it, the costs of buying a home are much more now than the costs of renting. No wonder then that no houses are selling in Truman Annex.

It is likely to be quite some time before this situation turns around. Meanwhile those in the Annex who want to get out are stuck. Not only is there the problem of the real estate market generally, another factor that inhibits buying in the Annex, by any sane person, is the uncertainty over the path of the litigation TAMPOA is pursuing and its impact on new residents of Truman Annex. Will they really live in a gated community as prospective buyers are being promised? Will the assessments of TAMPOA members continue to spiral out of control? Realtors will have difficulty convincing any wise buyer that there is any certainty regarding the future assessments or the outcome of the TAMPOA litigation. Wise buyers are simply not going to take on those risks when they can easily buy elsewhere.

Who is to blame for this state of affairs? Well, there is enough to go around, and it is useless to finger-point -- enough of that has been done. What we need to realize in the Annex is that while we can't control the general real estate market, we can control one aspect of the effect on it with regard to the Annex. Instead of tolerating a terrible state of affairs, we ought to get busy and fix our problems within the Annex so that our community will not continue to stagnate as it has done for the last four years. At least when the real estate market (if the market) begins to turn around, we'll be able to take advantage of the turnaround instead of watching it go by.

Would A Lawsuit Against TAMPOA Over Its Rules Succeed?

In a post, one of our commenters seems to wave off the idea of TAMPOA liability while conceding "minor lapses" in TAMPOA's enforcement policies.

We think such a suit might well succeed. All it takes is one screw-up by TAMPOA, and there already have been plenty of those, as we all know. The lawsuit we talked about in our prior post about the TAMPOA rules was not a "pattern and practice" case, but was a single instance of an alleged violation by that association member.

We think TAMPOA may be additionally vulnerable because of the sorry state of its website where its "rules" supposedly are published. The fact that residents are supposed to guess what rules posted on the website are still in force and which ones have allegedly been abandoned doesn't help TAMPOA's situation. You can bet that if there were such a lawsuit triggered by the rules or lack of them on the website, that site would rise to the top of TAMPOA's fix-it list.

All that aside, the point in our post about the TAMPOA rules is that such a lawsuit, win or lose, would be expensive to TAMPOA. And guess who pays for that. We do! And if the plaintiff in such a suit does win, the cost to TAMPOA will be even greater for TAMPOA will wind up paying the plaintiff's attorneys' fees also. Either way, TAMPOA loses in the money department.

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?

Building A "Premier Community"

It's spring. Real estate sales are in the tank. The fix-up hormones are ragging. The head of the House Police is bored. The snow birds will soon depart. The TAMPOA Board has little or nothing to do. The hammers and tools are out. It's the perfect time unwittingly to drive another nail into the coffin containing the perception of Truman Annex as a place where any sane down to earth person would want to call home.

So why not, in an "ongoing effort to ensure that the Truman Annex remains a premier community" conclusively demonstrate it is truly the most hoity-toidy, socially elite, snobbish, vapid place on earth by unleashing the House Police to conduct "regular inspections of individual homes." In performing their anointed duty these stealthy zealots, armed with knowledge from a largely unknown, predominately secret, book of arcane "rules" on everything trivial a Type-A-Personality conformist could possibly want to know, fan out from house to house. Everything about house fronts, colors, paint, varnish, trim, soffits, borders, gutters, overhang, nails, screws, windows, curtain-backing, shutter-trim, wood, appearance, house-makeup and snob appeal that even Martha Stewart has wisely forgotten is within their grasp, or so it seems.

At each and every house these anointed House Police "inspect" and dutifully check compliance with the Big Book. They don't carry the Big Book with them, but they know what they are looking for -- evidence of a "premier community" -- a sort of "I-know-it-when-I-see-it-but-can't-define-it" thing. Evidence that a "premier community" may not be entirely present at a particular residence is duly noted.

After that, the unsuspecting Annex resident gets a rather official looking form letter direct from the flying fingers of an underpaid female in the TAMPOA office and signed in doctor script by the Major-domo himself. The letter is addressed in a snottily familiar first name fashion; the way patients are sometimes spoken to in hospitals and doctors' offices -- a kind of disingenuously comforting familiarity. "Dear Mabel: . . . We are here to give you an enema. And you can't be wearing those earrings here." Never mind that Mabel is old enough to be their grand mother. Never mind that Mabel doesn't know them from Jack the Ripper. Never mind that Mabel may feel a certain lack of respect at this shallow familiarity. Never mind that Mabel hates their friggin' guts. The greeting is still "Dear Mabel: we're about to tell you something stupid," as if having just insulted Mabel will make what she is about to be told not seem to be so idiotic.

After this all too familiar greeting, the letter to the unsuspecting Annex resident begins: "As part of the ongoing effort to ensure that the Truman Annex remains a premier community, regular inspections of individual homes are conducted. It was recently noted that your property is in need of the following maintenance and repairs: . . . ." The resident never learns what the "it" is in the preceding sentence since English 101 is not a prerequisite for writing such letters.

Then comes a bullet point description of the rule violation. We've had a chance to look at a number of these letters. Among the more typical and trivial (but certainly not the most trivial) are several like "Your plantings are not approved" (yards are inspected too) or "The address plate on your unit is in the wrong color." (The latter "violation" refers to the approximately 8 inch by 6 inch oval plaque on which the house numbers appear.) We were waiting for a citation (similar to one issued a few years ago) about the plastic chairs on the porch or the door mat that reads "Spoiled pussy lives here." However, in recent years under the current administration, cats seem to be getting more favored treatment.

None of the letters cite an actual rule. They simply indicate what TAMPOA's Major-domo thinks is a violation. The form letter goes on to say that "The items listed . . . require your immediate attention so that your home will conform to Association standards." There is no reference as to what the "standards" are or where they might be found.

The letter then continues: "It is important that you fulfill your obligation as a homeowner so that we all can continue to take pride in the Truman Annex." One is tempted to wonder what "we" made the judgment to spend the considerable sum these letters to "ensure that the Truman Annex remains a premier community" cost, so "we" can have "pride" in the Annex, but "we" already know the answer to that one, don't "we."

If by now the surprised letter recipient isn't pissed-off, the next paragraph of the letter is sure to do it. Even though the resident, like some we know, has no vegetation to speak of in his yard, the letter continues in if-the-shoe-fits fashion: "In addition to the items listed above, it may be time to remove general overgrowth, cut back foliage, trim palm trees to a neat condition so that no fronds are touching the building [which, in the case of a house, the resident owns], remove all coconuts, and be sure that there is approximately a 50/50 ratio of plants to open space maintained in your yard [meaning get your sorry ass out there and plant some plants, but be sure they're approved]. Landscape material that extends over a sidewalk, roadway or common area more than twelve inches from the property line below a height of seven (7) feet is not permitted." Again, no reference in the letter to a rule, just the statement it "is not permitted."

The reason TAMPOA gets away with this kind of crap is that almost none of the residents of the Annex have a bleeping clue as to what all is in this Big Book because no one has an up to date copy. That fact is not an accident. By limiting knowledge the power of the few with knowledge is increased. Annex residents are forced to depend on the Chief of the House Police, who will always, in turn, refer you to the Major-domo for a belated reference to chapter and verse residing somewhere in the bowels of the rather outdated record archive TAMPOA "maintains." (In retrospect, "maintains" may be a misnomer because it was from a similar record-keeping endeavor that TAMPOA did not discover that it already had a title insurance policy that included Southard Street before allowing its lawyers to rack up a small fortune in legal bills researching its apparently already existing title to Southard Street. But that's another story.)

So if you want the correct information, you are doomed if you think you can figure it out for yourself. Instead you must call or write the Major-domo and ask whether he is serious or is this just an April Fool thing. Of course he's going to tell you he's damned serious. And even though he can't at that moment, or any other moment nearby, cite chapter and verse to you, he'll tell you, in a way that only Major-domos and Assistant City Managers can, that any thought of resistance is futile. That's because if you don't comply, TAMPOA can effectively block the sale of your house, and you will not be able to sell it until you comply. If you weren't thinking of selling, by the time you get off the phone you will want to do so immediately.

The final paragraph of the form letter suggests that the TAMPOA website "is very helpful." Like a true believer in the tooth fairy and the Easter Pussy you trot on over to the website to look for the code that supports the breach of "premier community-dom" that you have allegedly committed. You are not there long before you realize you've been wasting your time, and the rules you were looking for are not there. So you go away realizing there is probably noting you can do.

And then you happen run into someone who asks you what its like living in Truman Annex. "How much time have you got," you ask? "Did you know the Annex wants to remain a premier community?"

Still No Update To the TAMPOA Website

We have previously blogged here about the TAMPOA website. After reading Cayo Dave's blog post about the TAMPOA rules, we checked the TAMPOA website again. It still languishes unattended.

Interestingly, there is a message from President Tukey in the newsletter purporting to summarize and commenting on the depositions taken in the Southard street state court litigation. Guess we'll have to blog about that one day.

We find it appalling that the leadership of TAMPOA can spend oodles of money on two lawsuits. That same leadership can stop using recycled paper (like it used to do) and instead pay for expensive slick magazine paper to print its latest (March 15) newsletter. However, the leadership of TAMPOA won't spare the time or dime one to add it's latest newsletter to its website. Why do you suppose that is? Is it another example of misplaced priorities?

Whatever the reason, we find it hard to believe it is an accident, i.e., the TAMPOA office just hasn't gotten around to it. We hope Annex residents will begin to ask questions about what is going on with the website. It's time for some answers.

Spotlight On The Annex

Truman Annex still stirs the passion of bloggers outside the Annex. As we tried to catch up on our blog reading, we found this on the Key West Chronicle Blog. It seems that the same anonymous trolls that always comment here are frequenting Cayo Dave's blog. We couldn't resist helping to set them straight. We hope Cayo Dave and other bloggers will keep the spotlight on the nonsensical rules and policies that infect Truman Annex and make it difficult for the larger Key West community to appreciate the many contributions to real Key West life a number of Annex residents make. The actions of a thoughtless few who want to narrow the freedom of others to conform to their own class and cultural-based stereotypes have wrecked the reputation of Annex residents in this City.

The one thing that these thoughtless few fear is that their closet stereotyping is exposed to scrutiny and that they may be embarrassed by it. That is why they react so fiercely, in truth squad fashion, at the slightest criticism that their rules or policies may be less than egalitarian or even paternalistic. These few need to look politically correct even while they are not. When some blogger, like Cayo Dave, punctures their proverbial high-minded bubble, they get offended, because the one thing that gets their attention is that they might look stupid. The fear of looking stupid accounts for most of the political change in the Annex. After all, "when you are filthy stinking rich," as one of our friends put it, "you are expected not to look stupid, and when you do something has to change."