|
By
Missy Stoddard
Article Courtesy of The Sun Sentinel
Published June 30, 2004
Two
plastic birds that once kept Steven Grossberg's mailbox free of bird droppings
no longer can fly, a judge has ruled.
After a half-day trial and thousands of dollars spent on attorneys, retired
Judge Bernard Jaffe has ruled in favor of the homeowners' association of
Oakdale Townhomes II, in the Indian Spring community west of Boynton Beach.
Jaffe ruled that the Kmart plastic birds -- which cost Grossberg $12 --
violate Oakdale II covenants prohibiting any change in a mailbox's appearance.
Grossberg and his attorney, Cathy Lively, had argued Grossberg was the victim
of selective enforcement.
Grossberg also maintained that, technically speaking, the birds were affixed
to the mailbox post, not the mailbox. Jaffe's ruling stipulated that the
mailbox includes the post to which it is affixed.
Lively said she will appeal the ruling. If Grossberg does not prevail, he
could be ordered to pay Oakdale II's attorney fees, which exceed $20,000,
Lively said. The attorney -- who won't see any money unless Grossberg should
win the appeal. -- said she took the case because both she and Grossberg
believe a message needs to be sent to overzealous homeowner associations.
"The birds are not the point," said Grossberg, who characterized his
lawsuit as a battle against the association's reckless abuse of power.
"I don't feel I put [out] anything more than a simple decoration that had
a utilitarian purpose," he said.
Grossberg said he is considering framing the birds as a memento, though he
said one suffered some damage while being photographed during last week's
media frenzy.
|