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Article
Courtesy of The Week
Published
December 17, 2009
The astonishingly restrictive ways of homeowners
associations (HOAs) came under harsh scrutiny this month when a 90-year-old
World War II vet was
ordered by his Sussex Square, Virginia, civic association to remove a flag
pole from his front yard. After receiving support from veteran groups,
members of Congress, and even the Obama administration — Van
T. Barfoot triumphed in his quest to fly Old Glory. Other homeowners
who've battled these notoriously litigious, "fascist" organizations
haven't been as lucky. Here are seven of the most controversial HOA
strictures:
1. Thou shalt not plant too many roses
A Rancho Santa Fe, California, homeowners' association targeted
Jeffery DeMarco for exceeding the prescribed number of rose bushes allowed on
his four-acre property. When DeMarco balked, the HOA levied monthly fines,
threatened foreclosure, and ultimately defeated DeMarco in court. After a
judge ruled that the willful rose enthusiast had violated the community's
architecture design rules, DeMarco was forced to pay the HOA's $70,000 legal
bill — and lost his home to the bank.
2. Thou shalt not use "inconsistent"
shingles — even after a plane destroys thy house
After a plane crashed into the Sanford, Florida, home of Joe Woodard, killing
his wife, Janise, and their infant son, he decided to rebuild a new home on
the same lot. But his reconstruction came to a screeching halt when his HOA informed
him that he'd positioned the new structure unacceptably and failed to achieve
a perfect shingle match with his neighbors' homes. Threatened with a
lawsuit, the grieving widower told a local reporter that he'd hoped to change
things up to avoid "reliving" painful memories — but eventually
capitulated to the unsympathetic HOA.
3. Thou shalt not post a "For Sale"
sign
When Denise Hicks placed a "For Sale" sign in front of her Lebanon,
Tennessee, residence, the Spence Creek homeowners association quickly
reprimanded her for a breech of contract, citing a rule prohibiting
signs, banners or billboards. Ultimately, Hicks was forced to display her
realtor's signs in her home's windows, hidden from view.
4. Thou shalt not offer thy homeless
granddaughter shelter
Assuming guardianship of their six-year-old granddaughter, Kimberly, after her
drug-addict mother was ruled unfit, Jimmy and Judy Stuttler brought the child
to live with them in their Clearwater, Florida, retirement village. Since
Kimberly was not technically "over 55" or arguably
"retired," the alarmed HOA tried
to force the girl out. Attempting to move, the Stuttlers failed to
sell their home even after slashing its price from $250,000 to $129,000 and
were eventually sued by the HOA. Kimberley's fate is now in the hands of the
courts.
5. Thou must carry thy dog at all times
After Pamela McMahan, a geriatric who walks with a cane, was fined $25 every
time she failed to carry her cocker spaniel through the lobby of her Long
Beach, California condominium, which stipulates that pets' feet must never
touch the floor of common areas. "There are just too many things
going on in the lobby," said Stormy Jech, the building's assistant
property manager. "The dog might jump on someone or go to the
bathroom." After racking up hundreds of dollars in fines, McMahan was
forced to move.
6. No smoking — even in thy own bathroom
HOAs' ban on smoking in all public areas — including balconies, patios,
courtyards, and swimming pool areas — has recently been extended into
residents' homes. Citing the negative health effects of secondhand smoke,
multiple court hearings have ruled in favor of HOAs. As Realty Times points
out, "The Constitution does not guarantee Americans the right to smoke in
their homes...."
7. Thou shall maintain a consistently green lawn
The Beacon Woods Civic Association in Bayonet Point, Florida, took
66-year old resident Joseph Prudente to court for failing to properly
maintain his lawn after a $600-per-month increase to his adjustable rate
mortgage threw him on hard times. Though Prudente was ultimately jailed for
failing to resod his lawn, other members of the community took
pity on the faulty landscaper, and sprung for new sod, flowers,
mulching, and functioning sprinklers. Their charity was enough to spring their
elderly neighbor from the slammer, but Prudente still faces court and
association fines.
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