Article Courtesy of The Miami
Herald
By Lance Dixon
Published
January 8, 2014
At 82 years old, Lois Mondres has been a
vegan for almost two decades. For the past five years, she has grown her
own broccoli, cabbage, lettuce, bok choy, tomatoes and kale in front of
her townhouse in the Kendalltown community.
This
year, however, Mondres’ aging back made it too difficult for her to bend
over to pull weeds and plant new crops. She asked her homeowners
association if she could bring in a contractor to raise her garden three
feet off the ground so she could tend it standing up. The answer so far
has been no.
Now,
Mondres is trying to appeal to association leaders to
change their minds, and if that fails, her daughter says
the family may take legal action.
Mondres
has lived in Kendalltown for about 25 years and said the
garden in the front of her home is mainly barren now, with
plastic covering much of the dirt and weeds that |
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continue
to sprout. She said she hasn’t been able to properly tend to it since
last spring.
“Every
time I go out and look and say, ‘God, I can’t stand it,’ ”
Mondres said. “Now, it’s an eyesore.”
Mondres initially applied to the
Kendalltown Homeowners Association in November, asking to add planting
walls to her garden to raise it up. She was denied, applied again later in
the month, and was denied again in December with a chance to appeal at the
Jan. 21 board meeting.
“I have to have it raised up, and I
won’t have to bend and I can grow, I can plant, I can tend and I can
weed,” Mondres said. “Times are changing. For board members or
associations to refuse people the right to grow their vegetables — I
think it’s wrong.”
Ed Levinson, the chairman of the HOA’s
Architectural Approval Committee, said the denial was based solely on
Kendalltown standards.
“I really wanted to help her, and then I
looked at it and read the [association’s] laws and had to say no,”
Levinson said. “We forbid any construction outside the houses.”
The strict enforcement of these sorts of
aesthetic rules is not restricted to HOAs. A Miami Shores couple sued last
November after village leaders, citing a zoning ordinance, ordered them to
stop growing vegetables in their front yard or be hit with a $50-a-day
fine.
Donna DiMaggio Berger, a lawyer who
specializes in community associations, said conflicts over aesthetic rules
are common. She said that these kinds of cases are typically best settled
through some sort of compromise between the unit owners and the
association.
“The most highly functional boards are
those that listen to the community,” Berger said. “Just because
something’s always been a rule doesn’t mean it can’t change.”
Mondres’s daughter, lawyer Flora Seff,
said in a letter, that as she drove through Kendalltown she saw other
developments outside homes that didn’t seem to be uniform. She also said
in the letter that the HOA’s decision violated the federal Fair Housing
Act as it relates to accommodating for residents with disabilities.
“If somebody needed a ramp put there,
they would put a ramp there,” said Seff.
The Fair Housing Act was amended in 1988
and requires landlords to make “reasonable accommodations” for their
tenants and renters with disabilities, which includes potentially
modifying or changing rules. The act is also applicable to homeowners
associations and, as it relates to disabilities, is applicable as long as
the modifications are related to the tenant’s disability.
A townhouse owner in a community with an
HOA would be considered a “tenant” under the act, according to the
federal agencies that enforce the act.
The Americans with Disabilities Act defines
a disabled person as someone with, “a physical or mental impairment that
substantially limits one or more ‘major life activities.’ ”
Mondres, who has lived a vegan lifestyle
for nearly two decades, hopes that the board will take some action before
the Jan. 21 meeting. Until then, she has purchased organic food from
stores to supplement her once homegrown supply. She’s hired someone to
pull the weeds out of her garden after her other attempts to work on her
crops were too painful.
“I tried sitting on a stool, I even got
knee pads, but it still was very hard on my body,” Mondres said. “I
was out of commission for the rest of the day and sometimes for the next
day and that’s not how I want to live.”
Levinson added that the HOA may be more
receptive if she raises the garden in an area not visible from the street,
such as her backyard. The HOA’s board president, Marga Doerr, said that
she doesn’t anticipate the board approving Mondres’s appeal.
“You can get a real hodge-podge when you
approve anything,” Doerr said. “You get into a mess if you approve one
thing and not another, because it gets subjective.”
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