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Article
Courtesy of The Ocala Star-Banner
By
LAURA BYRNES
Published September 7, 2005
OCALA - Tammy Coggins returned to her Majestic Oaks home after a weekend in Atlanta and found the welcome mat pulled out from under her good intentions.
While communities throughout the Sunshine State and elsewhere are welcoming Hurricane Katrina's storm-weary survivors, Coggins and others in the 500-home subdivision southwest of Ocala were told by their homeowners association that their deed restrictions prohibited them from doing the same.
A flier, distributed by the HOA on Saturday, said that rather than allowing "additional families" in the community, residents were encouraged to contribute to hurricane relief funds.
"I came from a city that opened its arms to 50,000 refugees," Coggins said. "I was shocked and angered when I came home to find this."
She was not alone.
On Tuesday, during an often contentious meeting, more than 60 residents packed the community room at Freedom Library to express their dismay over what many termed a "disgraceful" and "embarrassing" response to mounting efforts to help hurricane victims. At one point, board member Christine Beers - teary-eyed and visibly distraught - stood and apologized to the crowd saying, "I, for one, am very sorry."
Though the full board followed suit and unanimously apologized for what Lou Colainni called a "knee-jerk reaction" and Bob Walsh said was "jumping the gun," the effect of the HOA's warning remains in force.
Across the nation, tens of thousands have offered their homes as temporary shelter for those displaced by Katrina. Placement is made via Web registries such as HomeFlood.org, HurricaneHousing.org and Craig's List - where everything from a spare sofa to luxury condominiums are available to victims, often free or for a nominal charge.
Locally, Blessed Trinity Catholic Church is coordinating housing efforts but others are urging residents to take in refugees.
The notice was sent after the board learned that a homeowner planned to shelter three families evacuated from New Orleans. Vice President Audrey Andrews said the board's action was "blown out of proportion" and that she apologized only for it gaining media attention.
"I think our intent was correct," she said. "It's a neighborhood problem (but) it got out . . . If a letter of apology will help, fine."
Andrews said the board was merely enforcing restrictions approved by homeowners as recently as last year.
But Bryce Mercier, both a Majestic Oaks resident and superintendent for the development's builder, Triple Crown Homes, said: "We didn't know the covenants would mean we couldn't help people."
"Yes, we're here to help people," Mercier said. "We're here to be Americans . . . and charity begins at home."
Georgia Ann Bolla said she went "ballistic" when she got the notice. Bolla and her husband, Alfred Bolla - a former president of the Texas AFL-CIO - moved to Majestic Oaks last November.
"I'm proud of what Texas is doing for the refugees, we know what hospitality is," she said. "I'm totally ashamed to live in Majestic Oaks, I'm ready to move. We have a wonderful community, but this is a disgrace."
The action hit home for Richard Goudeau, too. Goudeau, who plans to return to his native New Orleans as soon as possible to see what can be salvaged of his family's homes, said, "God rightly demands we help those who are suffering. Having the generosity to provide your home in such service is noble."
Though he feels "damn bad" about the uproar, HOA President Bob Watson said the board has a legal responsibility to enforce the deed restrictions, plain and simple.
"They're talking about their feelings, not using common sense," he said. "We feel bad about it, very upset about it . . . There's no real solution."
Watson said that even under the unprecedented circumstances, the community's restrictions could not be ignored, especially if the evacuees are still sheltered months down the road.
Bypassing the by-laws could invite lawsuits, he said adding, "How am I going to explain that to the judge?"
Mark Bogen, executive director of the Florida Community Association Coalition, said that while such restrictions are routinely upheld in court, boards "can decide to not enforce those restrictions under unusual circumstances."
"It's definitely a tough situation," he said. "Probably the best idea, one that works in smaller communities of 50 or 100 homes, is to go around and get everyone to sign off on it."
While many other communities share similar deed restrictions as Majestic Oaks, several say they are willing to work with their residents interested in sheltering refugees.
Priya Ghumman, president of DECCA, said that Oak Run has temporarily suspended its age restrictions to allow the community's Good Samaritans an opportunity to open their homes.
"It is simply the right thing to do," Ghumman said. "In this time of crisis, (we) have made the decision to allow any homeowner in this community to decide for themselves, and by their own conscience, whether or not to open their homes to individuals and families who are seeking refuge from the devastating effects of this hurricane."
Saddle Oak, on the opposite end of the State Road 200 corridor, has also relaxed its rules.
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