9-26-2002

Members of the Destination Florida Commission

"Caveat Emptor" and Homeowners Association Practices, or A License to Steal.

Our Homeowners Association has not provided any Financial Disclosure as per FL statutes for three years.

The HOA Board is currently represented by a "Community Association Institute" law firm, who recently advised them that we must now hire a licensed CAM since it appears the Board was compensating themselves, and they had no board member with a CAM license. Not only do they circumvent Financial Disclosure, they have never had an audit done as per the HOA Corporation bylaws, nor do they ever want an audit. We purchased our house in Nov.1997. Caveat Emptor does not begin to warn against what goes on with this HOA Corporation established in 1992 by the first developer, and with really convoluted CC&Rs.

OUR HOA CORP = ENRON  (Only on a really small time scale.)

Selective Enforcement is the method of operation around here. Unaccountability is the byword. And Incompetence rules the day.

It has been a real education for us, one that we would have preferred not to have been privy to.

The truth is that HOAs were established to create a new field of fees to be paid by unsuspecting homeowners who bought houses within these "communities". There is very little recourse against HOA Boards and their attorneys, who represent the board only, as opposed to the rest of the homeowners, who must hire expensive legal representation if they want any representation of their interests. As long as the current Fl Statutes re: HOAs are not enforced, some of these corrupt HOA boards will continue their abuses and cult-like activities. The HOA concept sounds real good in theory, but it does not work in reality. Most people on these boards are acting in their own self-interest, witness the "architectural control board" chairman and members who volunteer so they can give themselves permission for any variances they want, and then persecute other homeowners for less severe violations!

Our HOA can best be summed up as ABSOLUTE AUTHORITARIANISM WITHOUT MEANINGFUL  ACCOUNTABILITY. &  NO TOLERANCE FOR QUESTIONS OR CRITICAL INQUIRY. Not to mention requesting that they have an audit. (Yes yes we've spoken to other homeowners but everyone seems to regard it as an insoluble problem, and they may be right.)

Perhaps an Expert Consultant, Cult Deprogrammer, and Intervention Specialist is the answer.
Maybe they could make some sense out of HOAs , and HOA Boards......................

Thank You for Your Interest in the HOA PROBLEM. (Just pray that if you ever buy a home in one that you'll  get into a good HOA. Remember BAD HOA BOARDS CAN HAPPEN TO ANYONE AND JUST TRY TO GET THEM OUT.)

A Disillusioned Homeowner with a Forced Membership in a Mandatory HOA.


 
Gertrude C. Dickinson
7963 CR 247
Lake Panasoffkee, FL 33538

September 29, 2002
 

The Destination Florida Commission Discussion Submission
By 
 Gertrude C. Dickinson

            It is my understanding that The Destination Florida Commission’s basic mission is to entice and encourage retirees to locate in Florida.  However, you have not first taken into consideration the serious problems that already exist that affect senior citizens who have already chosen Florida as their retirement location.

            I am 71 years old and a single female. I have chosen Central Florida for my retirement residence. My property is zoned agricultural/residential and is located 1 mile from the Withlacoochee River.

            At no time was it disclosed that the location would promote serious health problems due to the fact that it was 1 mile from the river and airboats would have rights above and beyond my rights to live on the property free from hazardous noise pollution as stipulated in the State Constitution and as Act of Congress. The knowledge that airboats would congregate in groups of from 15 to 40 on the river and would bombard me with horrendous sounds from engines that are from 700 to 1000 horsepower and props that rotate at mach speed followed by sound barrier explosions and high frequency whines that pierce the soul was not revealed to me at any time. In addition, disclosure was not made that these same airboats could traverse the river at any time of day or night for any length of time for not less than 8 but usually 18 hours emitting explosive blasting sounds with every start, turn or launch onto land or trailer.

            As a result of this form of torment, my health has declined considerably. During airboat sessions on the river, my blood pressure elevates to 180/90 to 273/213. My allergies have increased in number. I have experienced asthma attacks, extremely high cholesterol, and anticipatory anxiety. I have been diagnosed as having traumatic stress due to airboat noise exposure and a heart attack or stroke waiting to happen.

            All agencies have refused to apply their areas of jurisdiction or enforcement. EPA, DEP, Fish and Wildlife, Sumter County Sheriffs and Deputies, Elder Affairs and even the Governor’s Office have absolutely refused to acknowledge and enforce The Florida Constitution, Florida Statutes, or existing rules and regulations that apply to the horrendous noise created and emitted by airboats.

            Every single agency has informed me that Florida is not a heaven for retirees who choose not to be herded into a development that is often severely controlled by boards and developers to the detriment of the citizens within. Each agency has informed me that airboats have rights to both the land and water and I do not and consequently must escape from the area to save my life.  I have been told by all Florida agencies that I must join the group that has increased in size regularly, The Airboat Refugee Culture.
            Resolving the serious airboat noise pollution problem must take precedence over any attempts to entice or encourage senior citizens to relocate and retire anywhere in the State of Florida.


 
From the desk of  Gordon Commee
Date:  September 30, 2002
CC: Governor  Bush

Re:  Destination Florida Commission

Dear  Chairman T. O'Neil Douglas

I would appreciate you making this letter available to your full committee.

Dear Committee Members:

You are being asked to focus on enhancing and attracting senior friendly images and attracting senior residents to retire to our "Senior Friendly State". That is not  happening,  because "Greed" has taken ahold. 

HOA's (Homeowner Association's) are foreclosing at a rate far exceeding the norm.  
Existing problems already addressed in prior communiques have not been yet solved.
As we speak, Mr. and Mrs. Leonardo of Palm Harbor, Florida have been assessed $14,000.00, having to come up with $4,000.00 in less than a week.  They are being foreclosed on  because of "deficient construction"  - there is lots of bad construction... at the buyer's expense.  I do not call this "Senior Friendly" nor do I for a minute believe that the Governor does either.  Please put this at the top of your agenda for this is where it belongs.

Yours in Liberty,

Gordon Commee'.
President, Property Rights Florida