By Wendy Fullerton, [email protected]
4/7/2002
Fort Myers resident Brad Sanders rolled
out the heavy artillery — a World War II tank — in a fight over a neighborhood
ban on pickup trucks in driveways.
A Bonita Springs couple painted over a
mural on their lanai wall to comply with their community association rules.
HEAVY FIGHT: Whiskey Creek
resident Brad Sanders stands next to
a British Army armored vehicle he
has parked in front of his home.
MARC BEAUDIN/The News-Press |
On Marco Island, a couple are suing their
homeowners association board for libel and slander because of a fight over
the color of their house.
Disagreements happen every day among neighbors
with more than 40 million Americans living in communities governed by homeowner
associations. That number is on the rise as a majority of homes being built
today are in communities with associations, particularly in Southwest Florida.
Some of the disputes turn into full-blown
courtroom battles. |
|
There are boards nicknamed Neighborhood
Nazis or Condo Commandos, with their Gestapo-like methods of enforcing
rules that often lead to homeowner horror stories.
But supporters argue they are simply trying
to protect the value and quality of their neighborhoods.
“The media often paints it as the big bad
association picking on individual rights, but you have to keep in mind,
when people buy into a deed restriction community, they are buying into
a contract with all of their neighbors,” said attorney Joe Adams, who writes
a column on associations for The News-Press.
Adams’ firm, Becker and Poliakoff, represents
about 750 homeowners associations in Lee and Collier counties.
“These sometime become very costly battles
over what you might call matters of principle,’’ he said.
Protective measures
Deed restrictions are legally binding rules
that provide for building, maintaining and using homes in a neighborhood.
They can control house colors, building heights, fences and other do’s
and don’ts in the subdivision.
People buy homes not just because of the
house, but because of the neighborhood, Adams said. “For people who’ve
made often the largest investment of their life, they have a right to have
those expectations met.”
In a Gallup Poll released in 1999, 75 percent
of homeowners surveyed said their association rules are very or extremely
appropriate for the community. Two-thirds said their community’s rules
and restrictions are very or extremely well enforced. Only 7 percent found
their community’s rule enforcement very or extremely unfair.
Sanders, who paid $277,500 for his Whiskey
Creek home — then made another $80,000 in improvements — understands the
rules.
On average, community association
members are:
> 48 years old
> Earn $45,000 or more annually
> Live in a single-family home
> Have professional/managerial
occupations
> Have at least a college education
> More than half do not have a child
whom is 18 years old or younger
living at home
Source: Community Associations Institute
BY THE NUMBERS
About 47 million people now live within
community associations.
There are 231,000 community
associations in the United States. In
1965 there were 500.
Approximately 50 percent of all new
homes built in major metropolitan areas
fall within community associations.
There are more than 20,000 condo
associations in the state of Florida and
more than a million condo units.
Homeowners associations are not
tracked because they are not regulated
by any state agency.
The estimated resale value of all
community association units is $1.8 trillion.
Source: Community Associations Institute |
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Dan Black, the enforcer of the deed restrictions
for the Whiskey Creek Civic Association, said it can be a daunting task.
“It’s a thankless job I have, believe me,’’
he said. “There’s no vindictiveness, it’s just a fact.”
“It doesn’t take long to really bring a
neighborhood down,’’ Black said. “That’s all we’re trying to prevent, to
keep it the nice neighborhood it’s been for the last 30 years.’’
“It’s very frustrating,’’ Black said, about
trying to make people comply with the rules. Fortunately, he added, “You
don’t have to do it often.’’
The tank matter has been turned over to
attorneys.
Attorneys got involved last month, when
Jim Lundergan painted over the mural of the Italian coastline that graced
the poolside wall of his $250,000 home in Bonita Springs. A lawsuit was
threatened.
The Lundergans said the mural was on the
inside wall of their lanai, facing the pool, and was part of their living
space.
Spanish Wells homeowners association leaders
disagreed. They said the mural graced an exterior wall and needed to be
approved by the group’s architecture review board.
|