Flap over mailbox birds finally migrates to court
A suburban Boynton homeowners association wants them removed.

By Susan Spencer-Wendel
Article Courtesy of Palm Beach Post
Published June 22, 2004

WEST PALM BEACH — Call it the flapping-bird flap: A homeowners association and a resident fighting in court over two 6-inch plastic birds with rotating wings perched on the resident's mailbox.

Resident Steven Grossberg, 55, said the plastic birds keep the real birds from perching there and, ahem, soiling his mailbox. There you have Oakdale Townhomes Association II vs. Grossberg. Oakdale Townhomes in suburban Boynton Beach asked Grossberg to remove the birds, citing association rules that require everyone to have the same mailbox. On Monday, almost three years after Grossberg put up the birds, the flap finally landed in the lap of senior County Judge Bernard Jaffe.

Steven Grossberg of Boynton Beach holds two ornamental birds that decorate his mailbox as he leaves the Palm Beach County Courthouse on Monday. Grossberg is in a legal battle with his homeowner's association, which wants the birds gone.

In closing arguments, Oakdale Townhomes Association attorney Gregory Scott asked the judge to forbid Grossberg from using the birds. Scott said while it may be trivial, it's important to send a message that if you live in the association, you must follow the mailbox rule.

"If you permit these birds, then what's next? The floodgates are open," Scott said. The homeowners association sued Grossberg three years ago.

Grossberg's attorney, Cathy Lively, argued that Grossberg had not violated the written rules and that the small birds were more attractive than other mailboxes in the community that have bird poop all over them.

Jaffe could rule at any time.

Outside court, Grossberg, holding the two plastic birds — a green flamingo and one resembling a woodpecker — emphasized that all mailboxes of the association's board members are covered with white droppings. He offered pictures he had brought to court as evidence.

"This could be the most trite (case) that has ever come across a courtroom bench," Grossberg said. "I wanted that to happen, to show people, society, what's happening here in Florida.

"There are not enough regulations to protect the homeowner or condo owner against reckless elderly people, these curmudgeons that want to keep things the way they want, regardless."

In 1999, the Indian Spring Maintenance Association, which oversees Oakdale, changed the age requirement of its communities to 55-plus, Grossberg said. He bought the Stonybrook Lane property in 1998 with money from a trust fund.

The Indian Spring Maintenance Association filed for foreclosure against Grossberg a few months ago because he didn't pay $500 in association dues, Grossberg said.

When the TV trucks rolled into the well-manicured Oakdale community Monday, a few people came out of their homes to tell reporters about their rabble-rousing neighbor who has been antagonistic since moving in.

Grossberg remains unfazed. "It's the other way around. Right after I moved in, they started bugging me," he said.