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Article Courtesy of The Ocala Star Banner By Bill Thompson July 23, 2009 It's an age-old story. Two rival factions become locked in a power struggle. Allegations are made, then threats follow. Money, honor and territory are at stake. As the war of words escalates, who knows what might come next? This isn't the plot of a long-lost novel by the late Mario Puzo or a new Quentin Tarantino thriller. This story comes from Majestic Oaks, the community on Ocala's western edge that has a history of internal brawls.
In December 1996, the HOA board sued former Majestic Oaks resident Ed Loomis for violating the community's deed restrictions. Loomis, a Korean war veteran, had erected a 15-foot flagpole in his yard. Despite Loomis' assertions that the community's covenants said nothing about flags, the HOA ordered him to remove it or face a fine, and even a lien on his home should that go unpaid. Five months later, after a lawsuit and plenty of bad publicity, the issue was quietly settled. Loomis kept his flagpole, even though it was moved within his yard. He later moved to Connecticut. In September 2005, after Hurricane Katrina, the HOA distributed notices reminding residents the by-laws prohibited "additional families in family homes" inside Majestic Oaks. Board members learned a minister planned to bring three families of evacuees to Majestic Oaks. Bob Watson, then the HOA president, defended the move as a preventive measure against lawsuits that might be filed for not enforcing the covenants. The incident instead brought national media attention and made the community of retirees and working families - and by extension the city of Ocala - the target of scorn and ridicule. Attempting to defuse the controversy, the Plunkett family, owners of Triple Crown Homes - which once controlled more than 100 lots inside Majestic Oaks but had nothing to do with the HOA decision - relocated a displaced Mississippi family into a model home. Two board members resigned in protest. Two others, who supported the fliers, later quit when the issue failed to die down. The HOA board eventually issued an apology. In December 2005, residents voted in a whole new slate of board members. New controversies have erupted, according to some residents, primarily between factions aligned with some of the old guard and those who back the post-Katrina reformers out of concern for former members seizing power. In 2007, William and Kimberly Pruett-Barry began receiving notices from the HOA that Bill Barry's work van was wrongfully parked in front of his house. The van violated a deed provision banning homeowners from parking "commercial" vehicles or those with "advertising" in front of their homes, the HOA board ruled. The Barrys sued, arguing that Bill Barry had his employer's permission to take the van home because he made after-hours service calls. Also, the HOA had granted him a waiver. Moreover, the Barrys contend in their lawsuit, at least six other vehicles similarly marked were openly parked but not penalized - although former board members say the Barrys were one of 28 such vehicle violations handed down that year. After the Barrys sued, the HOA board notified the couple that their three big dogs - Buddy, Jacob and Rebel - violated deed restrictions, which limit the number of dogs to two. The board sued the Barrys in small claims court for $1,249 for a code fine and legal fees. Court records say the Barrys were cited for having the dogs as well as "leaving piles of [their dogs'] fecal matter in the retention ponds" - a claim the couple denies. The Barrys, as they did in the van case, responded that the enforcement was selective and discriminatory. Kim Barry recalled in an interview that the couple received more than a dozen violations for various - and frivolous, she says - reasons in one month. Seven other homeowners with multiple dogs - and those with numerous other but unrelated violations, including outlaw bird baths, porch screens and boats - were never cited, the Barrys argued in court records. In one of the lawsuits, they allege that the van citations and the dog violations were part of a "campaign of harassment and intimidation" launched against them. The Barrys believe they were targeted because they led the opposition to a 326-unit high-density housing project proposed by Ocala developer Todd Rudnianyn on property abutting Majestic Oaks. The Barrys prevailed in May. County Judge John Futch determined that the HOA board did not follow state law in handing down the fines, court records indicate. The Barrys' lawyers now seek $14,327 in costs, which they are permitted to do under law. If Futch sides with them, the HOA will have to pay, along with several thousand more due to their own lawyer. Nan Fisher, the former board president, was diligent in issuing such citations. Last year she handed out more than 300, said her daughter, Gayle Mohler. Most violators complied without question. Others bristled. Mohler attributed the bad blood to her mother's outspoken dissent on the Katrina victims. She also thinks some of Fisher's critics were bothered by having a woman in charge. A few weeks ago, apparently after the Barrys won in small claims court, Fisher received an unsigned letter from a "disgusted homeowner." The letter noted that some residents were working to have Fisher and HOA board Secretary Peter Allen removed from office. Another anonymous flier appeared as well, telling homeowners they needed "to stop these OUT OF CONTROL Board Members now!!" [emphasis original] by joining a recall movement. According to the flier, Fisher pursued the Barry case over the dogs without board authorization and using her own money. The document also warned homeowners of potential liens on their property, if the board could not pay all of the associated legal fees. The tally for that was pegged at almost $25,800 so far. After spewing a slew of derogatory remarks, the letter writer concluded to Fisher, "It isn't over yet, Lady, there are a lot more surprises awaiting you - you have no idea." On June 16 Fisher resigned. In a letter to the HOA, she announced that she was doing so after learning that her granddaughter's 2-year-old miniature Schnauzer, named Mugzie, had been "poisoned." Mugzie died a few days later. A necropsy revealed he had ingested antifreeze. Neighbors dispute what happened to Mugzie. Some say Mohler never let the dog off the leash - something she confirms - nor out of her sight. There was simply no opportunity for anyone to harm the dog, they say. Yet, Mohler counters, there was no antifreeze in her garage nor any leaks from the family's vehicles. She is suspicious of her mother's foes, primarily because the poisoning occurred when the family was out of town and a neighbor was watching Mugzie. Mohler remains convinced there was a conspiracy to kill her dog because she learned that two men had visited the nearby veterinarian who treated the dog inquiring about Mugzie's condition. Mohler's suspicions were confirmed at an HOA meeting held after Mugzie died. She confronted some she believed were responsible, and one of them knew Mugzie's demise was related to consuming antifreeze, something her family had not shared. Fisher and Allen could not be reached for comment. Many current board members and some of Fisher's foes and allies who are not board members were also contacted for comment. They declined, citing the pending legal action and possible reprisals from their neighbors. Some residents complain about damaged mailboxes, driveways covered with oil and malicious, anonymous e-mails and fliers. Some elderly residents are afraid to leave home. Sheriff's Sgt. Grady Grimes, assistant commander of the Sheriff's Office district covering Majestic Oaks, said authorities take criminal complaints seriously. But many of their complaints are about HOA business and are unrelated to law enforcement. The dilemma for the authorities, Grimes said, is that Majestic Oaks is rife with more HOA issues than any of the other 10 to 15 subdivisions within that district. Others who are not on the HOA board but are familiar with its infighting say the same: The board and its watchers are consumed with this internal carping - and the bulk of the community either ignores or has developed an immunity to the strife. Even Mohler believes that most residents do not care about the board's internal politics. When the HOA board relinquished or lost other sites to hold its meetings, Pastor Paul Woosley welcomed the group into his Crossroads Community Church on Southwest 60th Avenue. The board met there monthly for the first half of this year before their welcome ran out. Had they not volunteered to go, Woosley said, they would have been asked to leave. "It was really disrespectful. There was shouting, cursing, people calling people names. It was just hideous," recalled the pastor, who moved to Ocala two years ago. He lives in Majestic Oaks and attended the meetings. "It's sad they can't get together," Woosley said. "They literally are a cancer." A few residents say that disharmony is ruining the perception of Majestic Oaks and hurting homes sales and values. Pat Plunkett, an owner of Triple Crown Homes, which still has a dozen or so lots left for sale in the community, disputes that. Majestic Oaks' slowing sales and rising foreclosures reflect the recession, not the board's fighting, he said. The community remains a clean, quiet, well-kept place that many customers find attractive, said Plunkett, whose family has been accused at times of using its votes to influence HOA board elections - something Plunkett denies. "The HOA has always been bickering," he said. "It's like a grade-school playground." |
