TURTLE CREEK HOMEOWNERS' ASSOCIATION, INC.

Suffers Crushing Defeat In Court

Listening to "Specialists"?

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

July 8, 2006

The Turtle Creek Homeowners' Association in Orlando, home to so-called HOA specialists like Paul Wean (Wean & Malchow P.A.) and Sue Carpenter, (COMMUNITY MANAGEMENT PROFESSIONALS, INC.) the registered agent and community manager, suffered a crushing defeat in court -- to the tune of $57,111.50 -- not counting their own legal fees.

The whole issue -- was it really worth it? -- was the claim by the homeowners' association that the defendants had violated the deed restrictions by parking in their driveway a Hummer that the association board considered a "commercial vehicle." The actual violation: "Tireflys lights for your wheels" was written on the sides of the vehicles.

According to the court ruling (quote): "Defendants did not violate the restrictions against commercial vehicles contained in the DCR. Because the Hummer also did not violate the sign restriction, final judgment is hereby entered for Defendants”!

I always wonder how so-called experts can talk board members into risking their community’s money by filing lawsuits such as this. It's a lose-lose situation for starters, because even a favorable judgment wouldn't really serve the community. Who actually believes that suing a neighbor for parking a Hummer with company insignia in the driveway will raise the property values?

I guess this board has a lot of explaining to do when neighbors are asking: "WHY?"