Article Courtesy of Bradenton.Com

By RICHARD DYMOND

Published March 15, 2010 

Through his spokeswoman, Ryan Wiggins, McCollum told the Herald last week that he has received virtually no complaints from residents of homeowners associations in the state asking for help, and so he is planning no actions.

State Sen. Mike Fasano, who represents New Port Richey, is proposing a bill this legislative session preventing condo owners who don’t pay their association fees from using amenities at the condos, but he has nothing in the works for homeowners associations.

Fasano said there are just too many to try establishing oversight.

“There are few laws because there are so many of them,” Fasano said. “It would be difficult. Some are deed-restricted and some are not. I just don’t know if it’s a good idea to regulate. You are talking thousands and thousands of associations.”

An American tradition

Homeowners associations date back to the 1960s, when developers began building subdivisions and including deed restrictions. Homeowners associations started because residents were tired of having to sue each other if one neighbor was unhappy with what another was doing next door.

Homeowners associations usually have by-laws and covenants. They are the same as a contract, Lobeck said.

“It’s a contract and also a covenant that runs with the land,” Lobeck said. “In other words, when you buy you are under contract to follow the covenants and when you sell your land, future owners are bound as well.”

In the last 50 years, Lobeck said, homeowners association by-laws and covenants have woven themselves deeply into the fabric of American life, perhaps suggesting the unwillingness of politicians to mess with them.

Reagan recently got a letter from his homeowners association in Braden Woods, taking him to task for parking his motor home too long in his driveway.

In reality, the person who noted that Reagan’s motor home was in the driveway missed the fact that Reagan had it out of town for a week. The resident only saw the day Reagan was loading it and the day it returned and thought it had been in the driveway seven days, Reagan said.

But Reagan has not drawn a line in the sand over the incident.

“I didn’t have any bad feelings about getting the letter,” Reagan said. “I think when people sign documents to live in a deed-restricted community they have signed on to follow the rules. However, I do believe there should be an appeal process and there should be opportunity for change.”

In the 17 years he has lived in Braden Woods, Reagan remembers only one incident that could have exploded, but didn’t. A resident started to put stone on his house that was not approved by the architectural board. But the architect was notified and the situation was quickly corrected.

Knowingly breaking rules

But what about a resident who knows he or she has violated the covenants, but feels they are in the right and refuses to comply?

That’s what is happening in Lakewood Ranch right now.

Albanach is Gaelic for Scotsman.

“It’s something you put on your house for good luck,” Karen Ronney said.

The Ronneys said they received 50 e-mail letters of support after word got out about their fine.

“I wanted to put the sign on the copier and put Albanach on all the homes in our neighborhood to see what would happen,” Ronney said.

The couple paid the fine because it had been turned over to a collection agency and it was not good for their business image.

“Bitter,” Karen Ronney said when asked how she feels about the incident.

“I think it’s ridiculous,” Malcolm Ronney said. “This would never have happened when Schroeder-Manatee Ranch was in control. I am really hoping the system can change.”

The Ronneys immediately knew in 2006 that the sign was not allowed, but chose to leave it up, logging a $50 per-day fine, said board member Steve Balazac.

“They were notified the sign wasn’t allowed based on the covenants of Greenbrook,” Balazac said. “The timeline was not heeded and the fine was in place. The folks were not present at the last meeting, which you would think they would try to be there to voice their opinion.”

Malcolm Ronney said he didn’t go to the Feb. 25 meeting because he was at work at his restaurant. Karen Ronney sent a letter in their behalf.

“We’re in the middle of season,” Karen Ronney said.

The Greenbrook board did trim the fine from $3,200, the Ronneys said.

Lining up defenses

It might be hard to top Albanach, but Ellis’ case seems to take the prize as the case that, at least on the surface, seems the most ado about virtually nothing.

In his 30 years of handling association cases, Lobeck said he has never seen a better set of defenses to a homeowners association enforcement action.

“I believe Mrs. Ellis has an open and shut case on four grounds,” Lobeck said. “The statute of limitations applies. Mrs. Ellis put in her yard in 1999 and this action should have occurred by 2004. Second, I have reviewed photographs of other lots, including that of the homeowners association president, another director and a compliance chairwoman and, if Mrs. Ellis is in violation, clearly they are too.

“There is also some ambiguity in the restriction,” he said. “It’s not clear if the three-item limit pertains to the whole front yard or each individual flower bed. And, finally, the restriction is unreasonable as applied. It is absurd to say her small shells and other items create any aesthetic offense whatsoever.”

When a homeowners association explodes, something has gone very wrong inside of it, Ellis said.

“Common sense has left,” Ellis said. “In my case, the Summerfield/Riverwalk board has the power and opportunity to turn this into a positive, win-win situation — or continue with their own agenda.”

Ellis hopes the board will make the decision to waive all her fines and invite her to apply for a modification, even though none exists right now for lawn decorations other than benches, bird baths and fountains.

“That is what I am hoping for,” Ellis said.

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