Article Courtesy of The
Gainesville Times
By Brian Wellmeier
Published October 27, 2023
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Nearly a dozen residents who live in Laurel Glen subdivision in Oakwood say
their Homeowners Association board has “gone rogue,” wielding its power to
“target” and “retaliate” against them and others in the neighborhood.
Since Laurel Glen’s
HOA was formed in 2020, Oakwood Police Chief Tim Hatch said
his department has responded to numerous 911 calls after
multiple disputes and verbal disagreements.
Board President Andrew Rodgers, who declined to return
multiple phone calls from The Times, said in a text message
that he had “no comment” regarding the accusations.
Marianne Thomas says she believes the citations for supposed
property violations she’s received from the board quickly
became personal — elevated to a pattern of “harassment”
against her, her ex-husband and her neighbors.
‘It started with my trampoline’
The alleged harassment heated up in July of last year,
according to Thomas, when a trampoline she’d purchased in
2019 — before the formation of the HOA — was moved to a flat
spot to relieve drainage issues. Thomas was later issued a
violation notice.
Minutes from an HOA
board meeting appear to show another resident was approved
to have a trampoline in their yard at least a month before
Thomas was cited for hers. |
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Some residents of the Laurel Glen subdivision in
Gainesville are upset at violations on their property. levied by
their homeowners associations.
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Since then, Thomas said that “everything seemed to erupt from there.”
“(The harassment) came as soon as I pushed back and started questioning them,”
she said, mostly through emails to the board.
That same summer, Rodgers filed a complaint against Thomas’ ex-husband Luis
Aponte, a police sergeant in Peoria, Ariz., questioning if he was fit for
duty.
Aponte said his issues with the board started when his children came to him
one week he was visiting from Arizona. He said they told him a man on a
green golf cart was “taking their picture” on Thomas’ property.
Concerned, he posted on Laurel Glen’s Facebook group and asked if anyone had
seen the man in the area. He said the backlash from board members was
immediate.
“I’m concerned about my boys here, and then I started to get berating
messages from Ellen (Spaeth) and Andrew (Rodgers),” Aponte said.
Dan and Ellen Spaeth, the secretary of the board, have been the subject of
various accusations by residents. They could not be reached for comment.
Thomas says Rodgers has taken photos of her home while her children played
outside, and residents Steven and Meah Kent say he’s done the same to them —
even in late hours of the night. Video provided to The Times appears to show
a man resembling Rodgers taking photos with a phone and tampering with the
Kents’ garbage cans during nighttime hours.
After the backlash online, Aponte said Rodgers pulled into the cul-de-sac by
Thomas’ home and came face-to-face with him the following day. He said he’d
told Rodgers his behavior online had been “unprofessional” — to which
Rodgers responded, “I had a couple too many gins and tonics last night.”
A video provided to The Times shows
Rodgers seeming apologetic for his behavior toward Aponte
online, saying, “I had a gin and tonic in me.”
A few months later, records show Rodgers emailed the city of
Peoria, Ariz., and filed a complaint against Aponte. This
resulted in an internal investigation of Aponte.
Since then, Thomas has been cited for
violations she says aren’t in the neighborhood’s covenants —
and she’s been told she now owes the board more than $3,000
— some in fines and a “special assessment” for the board’s
attorney fees. |
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Laurel Glen homeowner Marianne Thomas looks through a
notebook filled with paperwork of her violations on her property.
Thomas says the homeowners association has levied unjust violations
on her property.
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Many of the violations, she said, are unwarranted and retaliatory in nature.
The specific violations, she said, don’t appear in the HOA’s covenants. Some
of the violations include:
In April, Thomas replaced withered plants with mini junipers in the ground
and submitted a property modification request. Her PMR was denied after the
board ordered her to provide receipts. That came four months after they were
planted, and she had long discarded the receipts.
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She received a $50 fine for placing those plants in pots
— which she said 14 other homes also had.
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A $100 fine for repainting the trim of her home the same
white color it had been.
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A $100 fine for a fig tree that had been planted two
years prior — which the board finally rescinded after she provided a digital
receipt she had to hunt online.
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A violation for “four spots of crabgrass” in her yard
before the lawns turned green in the spring, told by the board that she
“needed to provide paper receipts” that she had her yard chemically treated.
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A violation for “obnoxious offensive behavior” —
unrelated to her property.
In
March, without a neighborhood vote, Laurel Glen’s HOA board hired management
company Southern Property Management to serve as a mediating third party between
residents and the board.
Some of the residents now say the company has instead served as an enforcement
arm of Laurel Glen’s HOA, routinely patrolling the streets in a black F-150 Ford
truck and scouting for potential violations.
Brandon Puckett said the board has refused to release their contract with SPM
“because it’s ‘proprietary’” information. He said neither the company nor the
board will release the HOA’s annual budget.
In audio Thomas recorded from a Zoom meeting between residents and the board in
February, Ellen Spaeth is heard boasting that an unofficial motto of the company
is they’ll “do anything for the (HOA) board except go to jail.”
Terry Allison, who hasn’t yet received a violation, said the board is being
“selective in who they’re targeting,” and that he has pots on his property like
Thomas but was never cited.
Allison also said the frequent allegations of “harassment” by board members has
forced him to install cameras on his property.
“Anyone could be next,” he said. “If you question the HOA, they’re coming after
you. That’s why I’m here – because it does alarm me.”
‘Every day I’m worried’
There are a slew of police reports, photos and footage from doorbell cameras
documenting disputes and incidents between the board and residents.
In October of last year, 25 Laurel Glen residents convened at Oakwood Community
Center to discuss ongoing issues with the board. That’s when Dan Spaeth demanded
entrance to the community center.
An email that Lt. Jay Ivey sent to Meah Kent before the meeting indicates
Oakwood police were aware of the tension between residents and the board.
“Just a quick update,” Ivey writes. “The HOA board members are not going to show
up at your meeting on Tuesday. That being said, I will set up an extra patrol of
the area during the meeting.”
Resident Gary Trenton, who organized the meeting, called police after Dan Spaeth
showed up at the community center that day and was ordered by an officer to
leave.
In footage provided to The Times, Spaeth is seen returning to Trenton’s and
Thomas’ home the following day, shouting and waving erratically in the doorbell
cameras of the two homes.
Aponte was in Arizona when he saw the footage streamed from Thomas’ camera. He
called Oakwood police and was told there “was nothing illegal about it, but that
it was just odd behavior.”
“Every day I’m worried about what they’re going to do,” Trenton said.
Hatch said officers have responded to calls in Laurel Glen “more frequently than
other areas,” but most of those incidents have been civil and not criminal.
“I’ve never seen anything come across my desk that indicates there’s any actual
bonafide threat,” Hatch said. “I can’t take anything away from somebody who says
they feel threatened … but it’s not risen to that point where we’ve been
required to take law enforcement action, yet.”
Legal action
Thomas sought legal counsel to counter what she considers unwarranted property
violations in April, hiring HOA attorney Quintin Carr. She can no longer afford
Carr’s services after the HOA board retained Atlanta-based Leganza and Johanson
in response — the second attorney the board has hired.
The board has since levied a $500 special assessment fee on all 39 homes in the
neighborhood to cover legal bills – and an additional $2,880 on Thomas. On
Friday, Thomas was notified that she has 15 days to pay the board’s attorney’s
fees or a lien would be placed on her home.
Thomas and the others said they feel their only recourse is to move out of
Laurel Glen, where homes range between $400,000-$490,000 in value.
“It’s their board, not ours,” Puckett said. “We want peace in the community, but
at the end of the day, I just want these people to leave us alone.”
JD McCall, a 93-year-old Marine Corp veteran who lives in Laurel Glen, said he
fears what the growing hostility could lead to.
“I’m seriously afraid that somebody’s going to get hurt physically,” he said.
“The tension is taking a toll on me. It’s affecting my emotions.”
Hatch said his department is “committed to providing the quality, professional
law enforcement services that all of the residents would expect.”
“I don’t want anyone up here to feel like they're being neglected by the police
department,” he said. “We’re still performing our functions to the best of our
ability, and we’re not going to stop doing that.”
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