Some residents dissatisfied with homeowners' board

Article Courtesy of MyClaySun.com

By MARY MARAGHY

Published June 1, 2008

Some residents of the Coppergate subdivision in Middleburg describe their homeowners' association president as a spendthrift who rules with a tyranically hand. (That's a cleaned up description.)

It's a venomous dispute, involving several colorful New York and New Jersey transplants with pronounced accents who said their neighborhood's aesthetics are going downhill and they are fed up with a homeowner association board that has refused to address their concerns.

Residents said they served HOA president Victor Marini - and the entire board of directors, two of whom live on Marini's street and the other two live close to him - with a recall notice April 28. They included a Florida statute-required petition containing signatures of 214 of the 340 homeowners - 70 percent, while only 50 percent was required. And they hired Thomas Santoro, an Orange Park attorney, to help with the ouster.

"There is definitely a dispute going on there," said Santoro, who said he was still trying to determine if the angry residents are proceeding correctly.

Marini and Coppergate's property manager, Maria Jerez of Property Management Systems Inc., who is employed by the board, declined to comment.

Meanwhile, the residents said they followed recall procedures under Florida law. But they said Marini,

Coppergate residents are trying to oust their homeowners' association president and board of directors. From left are Alexander Tosto, Darrell Frame, Doug Gracey, Debbie Mattson and Ray Schulz.

who owns four homes in the neighborhood, refuses to leave office and turn over the records. They said Marini has been calling residents to ask if they really signed the petition. They also said Marini announced in the last board meeting that he's hired his own attorney, who will be paid by homeowners fees. Marini's attorney didn't return telephone calls.

"If he's stolen even $1, we will put him in jail. People are ready to choke this guy. One guy wanted to go to his house with a baseball bat," said Alexander Tosto, who quit the Coppergate homeowners board in February. "People are knocking on my door wanting to sign this. Why would you want to stay knowing so many want you out?"

A half dozen residents, eager to share their anger, pored over an expense report recently in Tosto's kitchen.

The statement, for Feb. 1 to Feb. 29 showed the board was paying about $51,000 a year for maintaining the common area. Residents said the common area is less than one-quarter acre and they often mow it themselves because it is overgrown. They also said they have never seen a new tree, flower or any landscaping improvements. Plus, they said the hired landscaper is Marini's tenant, which they believe is nepotism. The statement also showed $618 for a Web site that residents said has never existed and an overall year-to-date deficit of $9,000.

"I want an accounting for the money," said Ray Schulz. "That's a lot of scratch we're talking about."

"There's some stuff that really stinks," said resident Wayne Mattson.

Doug Gracey said residents were never given any covenants, restrictions or bylaws. He said Marini charges residents $35 if they call him with a request to put up a fence, paint their home a different color or make any changes to their property.

Residents also said Marini refuses to entertain their request to add a playground to the neighborhood.

Meanwhile, they said he spent $750 of homeowners money on "No Parking" signs that didn't comply with Clay County code so the county public works department took them down. They said Marini once called a last-minute meeting in a parking lot of Larry's Subs and once proposed starting a "Yard of Shame" contest and posting online a photo of ill-kept lawns.

"He's not focusing on what is best for our neighborhood," said Debbie Mattson.