Judge refuses to hear arguments in Stuart homeowners association controversy

Article Courtesy of The TCPalm

By Zach Smith

Published July 11, 2010

STUART — A circuit judge refused to hear legal arguments in the controversy surrounding the North River Shores Property Owner’s Association last month, dismissing a suit filed by a group of association members on grounds it fell outside a four-year statute of limitations.

The suit, filed by a group of 25 homeowners led by plaintiff Robert Flanigan, sought to settle a dispute over the extent of homes and properties in the subdivision that fall under the association’s guidelines.

In a dismissal dated June 24, Martin Circuit Judge Robert Makemson wrote the suit would need to have been filed within four years after the association’s rules took effect in 1999.

Citing legal costs, Flanigan said the association members do not intend to appeal the dismissal but are steadfast in their intention of finding a way to ensure all property owners in the neighborhood fall under county codes only.

“We’re checking all our avenues,” he said.

A total of 349 of 514 properties in the community are part of the association. Membership is voluntary, and properties belonging to organization members are subject to both the stringent codes of the association and Martin County.

However, property owned by those who are not members falls solely under county jurisdiction.

The lack of uniformity has created unusual inconsistencies throughout the neighborhood, as neighbors with property governed by different sets of rules live less than 50 feet from each other. Variations range from the types of fencing that can be constructed to what kind of vehicle homeowners are allowed to park in their driveways.

Flanigan claims many members were misled into joining the association after being told the association’s rules governed all properties. Association attorney Jane Cornett has disputed the allegation, saying a map labeling properties belonging to association members was shown to anyone who considered joining.

The battle has left homeowners like Flanigan frustrated with what they see as inequalities making the association’s rules somewhat pointless. No new members have entered the association since 2003, and realtors sometimes advertise the neighborhood as being free from the constraints of homeowner’s associations.

“It’s not a unified neighborhood,” Flanigan said. “People are ticked off.”