|
Article
Courtesy of The Sun Sentinel
By
Joe Kollin
Published June 11, 2006
PEMBROKE PINES
- Homeowners wanting to add a room or pool deck can continue getting building
permits from the city without first obtaining permission from their community
associations.
The city, however, may try harder to warn homeowners that even with a permit,
they may first need association approval.
City commissioners, in a 3-2 vote on Wednesday, defeated Commissioner Angelo
Castillo's attempt to prevent homeowners from getting caught in what he called
a "Catch-22" where they get city approval but then find themselves
in trouble with their association.
About two-thirds of Pembroke Pines houses are in associations with control
over the exterior of their property. Some other single-family home
communities, which are generally older, have neighborhood or civic
associations, but those organizations don't have a mandatory association's
power to fine, lien and foreclose on members' houses.
Castillo and Mayor Frank Ortis supported the measure while Vice Mayor Iris
Siple and Commissioners William B. Armstrong and Carl Shechter opposed it.
"I'm not sure it really protects residents," said Siple, who warned
that approval would "take this city into the middle of homeowner
association issues, which is something we said we didn't want."
"I do not think the city of Pembroke Pines should be involved in
enforcing the rules of homeowner associations and that's what this does,"
said Shechter, adding that it would be sufficient for the city to warn those
seeking permits that they may need association approval.
"I don't see where a private entity has the right to intrude on the
duties of a city government," Armstrong said.
Ortis said the measure specifically says the city wouldn't get involved in
interpreting, enforcing or changing any association rule. Castillo, who said
cities including Davie and Cooper City have similar ordinances, called it a
"consumer protection" measure that would help those who buy homes in
association-run communities without knowing they are obligated to obey the
rules.
Many homeowner association presidents supported the measure, including Beth
Adler, president of the 245-home Images near Hiatus Road. She told of a
homeowner who didn't get association approval before constructing a patio in
his back yard and built it on top of the association-owned and -maintained
sprinkler system. A sprinkler head now sticks out of the middle of his patio.
"He's going to have to tear up his whole patio," she said.
"No one wants homeowners to have concrete [patios] with sprinklers
sticking out of them," said Siple, "but the problem is the wording
[of the proposed ordinance] isn't right."
But, said Robert Young, a director of the Chapel Trail Owners Association and
opponent of the measure, "We can handle problems in our association and
don't need the city to guide us."
|