According to city code, developers are responsible for the maintenance of their communities until a homeowner's association takes over. City officials say the swale has not been mowed and the wall and fence not washed or repaired at Natalie's Cove at Flamingo Road and Southwest 49th Street -- and its developer, Robert Carbello, is responsible.

Carbello could not be reached for comment. The telephone number he provided to the city is out of service.

"We can use legal efforts on the [residents'] behalf," said City Commissioner Angelica Palank.

Natalie's Cove is a private, single-family home community of 33 homes. The last eight homes are currently under construction. Once the community is completed, the homeowners, by law, must form an association and pay maintenance fees to take care of common areas such as sidewalks, swales and privacy walls.

Carbello may have failed to inform the residents about the requirement of forming a homeowner's association when they bought their properties, according to attorney Mark Grant, who represents all but two homeowners at Natalie's Grove.

Since residents were never told of their responsibilities, they could be released from ever forming a homeowner's association and paying for the maintenance of their community, Grant said.

The residents say they don't want to form a homeowner's association, saying it would be a financial burden. City officials say they are willing to help until a homeowner's association takes over.

"It comes to a point that people in that development have to mow their own land," said Commissioner Barry J. Warsch.

"We can fine the developer. We have tried our best to communicate with the residents and they really don't want to have anything to do with it," Commissioner Scott Kleinman said. "For us to go in there to mow that property sets a bad precedent."

Mayor Suellen Fardelmann said the city will help fight Carbello in court. However, the community's residents eventually will have to assume the maintenance responsibilities.

"The cost of maintenance could be more than what [they] expected and more than what [they] want it to be," she said. "We are not here to litigate against homeowners. The city has offered guidance on setting up a homeowner's association."

But if residents don't do their part, they could find themselves in court battling City Hall.

"If there is any way to work it out, it's something they should try to do," Grant said