Courtesy of The Beaches -- Shorelines

By Drew Dixon

Published Friday, June 24, 2005

A legal battle in the Sawgrass development has a couple claiming they're harassed and that their property rights are being violated, and a homeowners group arguing they're just trying to protect everyone's property values.

The Sawgrass Association, which oversees rules governing homeowners and property in the development, sued Michael and Karen Dubin in 2004, hoping a court would order them to clean up the exterior of their home in the 9700 block of Preston Trail West.

In addition, the Dubins claim they have improved their property by adding siding to the 4,000-square-foot home and are continuing upgrades that could cost upwards of $200,000 to a property that's worth at least $750,000. And they said they've never been offered the mediating alternative of arbitration instead of a full-blown court battle.

"They're completely out of control," Michael Dubin said of the association last week. "They worked to get that suit in ... and I agreed I would do whatever it takes to fix it. ... I have done what I said we'd do from the beginning."

'singled out'

Walter Roher was the president of the Sawgrass Association until May when he stepped down after his term expired. He said the Dubins shouldn't be acting so victimized because the association offered to settle the suit out of court and the Dubins declined after several deadlines for maintenance improvements were extended.

"We were agreeable to extending deadlines," Roher said.

But he acknowledged the board never offered an arbitration option to the couple. "I guess shame on us; it didn't work.

"Look, we brought an action against them basically to maintain their property. It's been like pulling teeth. They agree to one thing and then don't deliver on it," Roher said.

But Karen Dubin said several other properties in Sawgrass are far worse than anything at her home and she said her home is being unfairly singled out.

"We're in the process of completely re-siding the home and they knew that four months before they filed the suit," Karen Dubin said. "I feel it's legal harassment because they're using selective enforcement within the neighborhood."

Roher said, "They say anything we do is harassment."

sawgrass lawuits not rare

But on another level, Karen Dubin said the dispute illustrates a larger problem for Ponte Vedra Beach-area residents who have become dominated by homeowner associations. Because the area remains unincorporated, she said, it has no government other than St. Johns County, and there's little control over the homeowner groups.

The Sawgrass suit is just the latest legal flare-up. About two months ago, a resident of the Spinnakers Reach II condominium complex sued that homeowners association seeking a court order allowing him to have two dogs on the premises. The condo complex is a subdivision within Sawgrass.

"These people have too much time on their hands and too much money," Karen Dubin said. "They're basically power hungry. ... They immediately rushed to suit against us. As they have done in the past, they are seeking power and they don't want to help anyone when they have a legitimate problem like security. Instead, they want to micromanage the flower beds and the paint jobs in the community."

Roher said he's outraged at the suggestion the Sawgrass Association is doing anything other than protecting the interests of the entire development.

"It's a constant balance and sometimes we do things that aren't always popular," Roher said. "We have an architectural review committee and it's trying to balance personal taste to property rights.

"It's our responsibility and we take it seriously to protect the overall property values," Roher said. "This has been an ongoing thing. The Sawgrass Association has done a very good job of not being intrusive."

association's influence spreads

Besides being concerned about residents and homes within the development, many homeowner associations contribute to larger community concerns, Roher said.

In addition to overseeing the development, Roher has been an active watchdog for Ponte Vedra Beach community issues. He is one of the homeowner group representatives involved in the controversial proposed purchase of the St. Johns Services Co. water and sewer facility serving the northeast area of the county.

Roher and others have questioned the government purchase and said it may lead to higher utility rates. The County Commission plans extensive public hearings on the proposed purchase in August.

lawsuit was forced, roher says

The Sawgrass Association does not exist to pester residents, Roher said.

"We don't act in the legal court unless we're pushed," he said.

Roher said the Sawgrass Association has no intention of withdrawing its suit against the Dubins now. The legal action is asking county Judge Patti Christensen to issue a court order directing the Dubins to comply with all requested maintenance upgrades.

The Dubins insist they'll seek monetary damages and will continue to push the court to throw out the case.

No hearing date has been set.