Amid backlash, Killearn Estates HOA halts enforcement of lawn, property violations, fines

Article Courtesy of  The Tallahassee Democrat

By Jeff Burlew

Published May 1, 2020

  

The “Leaf Police” in Killearn Estates are standing down during the coronavirus emergency.

After getting harsh criticism from residents, the Killearn Homeowners Association recently decided to stop issuing notices and fines for unmown lawns, unraked leaves and other violations of neighborhood rules.
    

The move came after homeowners complained loudly online about enforcement of the HOA’s covenants and restrictions at the same time the economy was tanking and people were losing their jobs because of the outbreak.

“Unbelievable!!!” one homeowner wrote in a message on Nextdoor. “I really think our HOA is being a bully!!!”

Ericka Cardice, a longtime Gardenview Way resident, sparked the outcry after sharing her story online about a notice she got for leaves on the back of her roof. The letter gave her 14 days to take care of it or face fines of $100 a day up to $1,000.

“I read the letter and broke down in tears, with all that is going on,” she wrote on Nextdoor. “No regular income, teaching (my daughter) from home, trying to figure out how to pay the bills. I now have to worry about being fined $1,000 because of some leaves on my roof that no one can really see.”

Many of her neighbors sympathized. One man worried she could hurt herself if she tried to do the work herself.

Killearn Estate entrance sign off Thomasville Road. There are about 3,800 homes in the neighborhood.


 

“It is not the time to pressure people over things so small,” he posted. “It is dangerous to do that and right now it is hard to find help. I would offer to do it for you but I am 82 and would not trust myself.”

Phil Inglese, treasurer of the KHA board, said the association heard the concerns from residents — both online and during a recent board meeting — and decided to act.

Earlier this month, the board voted to give residents more time to rectify violations before fines are issued. Last week, the association took a step further and stopped enforcement altogether for the time being.

“The KHA Board acknowledges its obligation to enforce our covenants and restrictions,” it said in an email blast to residents. “However, we understand everyone is facing increased anxiety at this time and believe this added stress is unnecessary.”

'The wrong time'

Cardice, who works for a real estate company, and her husband, Chris Cardice, who owns an IT business, have lived in their one-story house for a dozen years. But this was the first time they ever got a violation notice.

She said the association had no idea what financial struggles they and others might be facing as it continued to issue violations. She said her husband called to complain but never heard back.

“I just think it’s the wrong time,” she said in an interview with the Democrat. “Your bills don’t stop even though the world has kind of halted.”

Cardice said she does most of the outdoor work herself, including mowing, edging and pressure washing. A couple of weeks before they got the notice, she got on a tall ladder to rake leaves off the front of her roof but couldn’t reach the back.

After getting the notice, she hired an insured professional to clean the back of her roof, paying him $75 for his trouble. She later found out enforcement was suspended.

KHA notified residents of the change on Thursday, the same day the Tallahassee Democrat called to ask about the violation notices. However, Inglese said the decision to stop enforcement had nothing to do with media questions.

“We didn’t anticipate this whole thing would last as long as it would,” he said. “And as we got feedback, it became obvious we needed to change something."

Killearn Estates is one of Tallahassee’s oldest and largest planned communities, with some 3,800 homes and around 12,000 residents. Inglese said the association normally issues hundreds of notices a month.

“Our objective is not to generate money,” he said. “Other HOAs do that. Our objective is compliance for the appearance of the community. We’re all here to protect one another’s property values.”

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