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| SPRUCE
CREEK SOUTH
and FCC Federal Laws? By Jan Bergemann |
| Once upon a time a developer decided to
build a nice community near Ocala and called it SPRUCE CREEK SOUTH. Home
buyers were obviously lead to believe that they would move into a nice
neighborhood, regulated by a homeowners' association.
But, that's not what happened here. It seems the developer didn't like the rights of the homeowners in form of an association, regulated by Florida Statutes 720.301- 312 . The association was dissolved by the developer Harvey D. Erp on October 16, 1998 and it seems the community has turned now into a dictatorship without any supervision. The homeowners continue to pay their dues to the developer without being supplied any kind of financial records. And whenever they see fit, a homeowner receives a letter claiming a violation of deed restrictions, as in the case of Walt Klinka, who ran afoul with the developers "Director of Operations" over a satellite dish. Please read the actual "VIOLATION LETTER". In this letter the author stated amendments to deed restrictions, which actually couldn't be found in the Court House, the place where deed restrictions should be filed according to Florida Law. Not only was that a bogus claim, the letter was as well a clear violation of Federal Law as established by the Federal Communications Commission . The New Satellite Dish Law and the Fact Sheet (Over-the-Air Reception Devices Rule) pretty clearly spell out the rights of property owners to set up satellite dishes on their property. But as in so many cases it seems the guidelines for the developers seems to be : who cares about laws and regulations? Let's see if we can't scare the homeowner enough to make him obey by our unfounded threats? But these tactics don't always work to their satisfaction. In this case the homeowner, not being intimidated by this threatening letter, filed on official "Petition with the Federal Communications Commission" , adding all the facts and the misleading statements in the Violation Letter. It took a while, some telephone calls and lots of patience, but then the mail man delivered actually a "Response from the Federal Communications Commission" . Even if it clearly stated that the homeowner was within his rights to erect the satellite dish, it did nothing to admonish the wrong handling of the case by the SPRUCE CREEK developer Harvey D. Erp. As long as the FCC is willing to just let
it go after hearing invalid excuses from the developer's office, these
"false" violation letters will pop up all over Florida in mandated property
communities. It's about time that the FCC is willing to slap these people,
who are ignoring Federal Laws, on the wrists and make them obey by it in
no uncertain terms. And letting it go with the excuse of "amended" deed
restrictions, which don't really exist, will only lead to more abuses of
homeowners all over the nation.
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