Homeowners might be on hook in civil action in Trayvon Martin's death

By Mary Shanklin, Orlando Sentinel

9:34 p.m. CDT, March 29, 2012

The people who could end up paying the financial price for the shooting death of Trayvon Martin are, ultimately, the homeowners of the Retreat at Twin Lakes development in Sanford, experts say.

If their crime-watch program captain George Zimmerman gets charged with and convicted of killing Trayvon, the community's homeowner association and property-management company will likely be sued by the victim's family regarding the way the watch program was established and operated, said Donna Berger, a lawyer who specializes in homeowner-association law.

"They may wind up getting sued and getting hit with hundreds of thousands of dollars in legal fees and damages," said Berger, who works with the South Florida law firm Katzman, Garfinkel and Berger. "Who will pay is every member of the association, and they will have to make special assessments. ... It's a cautionary tale for other associations."

Read more and view video . . . .

Homeowner association president's mailbox explodes

A Seminole homeowner association president's mailbox has exploded following a notice sent to association residents who were non-compliant with a brick mailbox requirement.

Pinellas County Sheriff's detectives responded to the home of Wind Tree Oaks Home Owners Association president Gerard Esposito after receiving a report that his mailbox exploded around 1:45 p.m. Friday.

According to deputies, HOA management company sent notices to residents who were non-compliant with the HOA requirement of having a brick mailbox.

Officials said Esposito's wife, Deborah Esposito, heard a loud explosion outside their home. When she looked outside, she saw their brick mailbox was partially blown away. 

Deputies said they smelled black powder when they arrived at the home.  No one was injured and there was no other property damage involved.

Officials have not determined what type of device was used. Deputies have not named a suspect at this time.

Do Home Owner Associations Need Regulation?

I came upon a description of Fascism, and some of it sounds painfully familiar.

1.  Disdain for the Recognition of Rights - The people tend to look the other way.

2.  Identification of Enemies/Scapegoats as a Unifying Cause - Example, putting pictures on the association website of a home owner's violation in the Preserve.

3.  Obsession with Crime and Punishment - liens, foreclosures, fines, often without first discussing it with the homeowner or without giving an opportunity to defend oneself.

4.  Rampant Cronyism and Corruption - Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability.

5.  Fraudulent Elections - Sometimes elections in fascist nations are a complete sham. Other times elections are manipulated by smear campaigns against opposition candidates, or use of legislation to control voting numbers. 

One example was Neighborhood One kept a vote for the revision of the Covenants open until there were enough votes to pass it.  Apparently there never were enough votes because the quorum required to pass it was revised from 30% to 20% which enabled the new document to be passed.

HOA BOARD DISAPPROVES DISABLED VETERAN'S HOME

Knob Hill Property Owners Association President Rick Trump said Homes for Our Troops did not receive approval for the house it wanted to build for paralyzed Afghanistan veteran Sean Gittens. The builder also made untrue statements about discussions before their plan's denial, Trump said.

"They're saying we blocked this," he said. "We're not blocking them from building a house; we just blocked what they've submitted so far because we don't know all the details."

Read more:  http://chronicle.augusta.com/news/metro/2011-06-23/neighborhood-says-it-never-approved-design-vets-home

BULLY BOARDS

Association Rules Lead to Homeowner March in Las Vegas.

That is the headline in a Nevada newspaper. It isn't only Florida, or Texas, or California where homeowners are getting angry at the association's overreaching boards who use bullying tactics against their next door neighbors, but neighborhoods built in the past decade across the country.

Brigitte Porter was fined $3,110 by Heather Ridge Homeowners Association because the color of her driveway paint was a different shade from the previous color.

Doris Vescio of Sun City Anthem has been fined $100 a week since November for a fence that's more than 6 feet high, even though it was approved by the HOA architectural committee.

Joseph McCauley complained that the Mount Charleston Golf Estates board illegally approved a $2,500 special assessment without putting the item on a meeting agenda and under false pretenses to intimidate owners.

More than 50 homeowners fed up with community association "bully boards" gathered Monday at Sawyer Building to rally against what some perceive as abusive power, harassment and exorbitant fines.

Sound familiar?  
More . . . .

JUST BARK BACK

The following appeared on Boston.com (from Boston Globe):
Headline: Barking back at neighborhood dog noise
Date: Nov 4, 2010

"DEAR BENNY: What can be done about dogs that bark all the time? I live in a gated development in a homeowners association. The board says they cannot do anything about it, but I don't see how that is possible. What is the board for? --Bill"
________________________________________________

DEAR BILL: Good question about what the purpose of a board of directors is. Legally, they are the equivalent of the executive branch of any government. Their function is to manage, operate and enforce the legal documents of your association.

Unfortunately, there are some board members who seem to serve only so they can be called "Mr. (or Madam) president." It's an ego trip for them.

Now, before I get hundreds of nasty e-mails complaining about that last statement, I have to say that from my experience the vast majority of board members are honest, hard-working and dedicated to preserving the quality of life in their community.

But community associations can be big business; often, the budget of a condo or an HOA is larger than many commercial establishments. So board members often find themselves not capable of handling the affairs of their association.

I am confident that your legal documents prohibit excessive noise and nuisances. How do you prove that the barking dogs are violating the noise and nuisance requirements of your association?

To see more, click on the link below or copy and paste it into a Web browser:
http://www.boston.com/realestate/news/articles/2010/11/02/barking_back_at_neighborhood_dog_noise/?s_campaign=8315

1-800-DOG-POOP

I got the HOA newsletter and as I was tossing it into the recycling bin, I caught the paragraph on the last page about curbing your dog and bringing water along. First, how nice of the HOA to be concerned about my dog being thirsty, thanks. Second, I decided to have a talk with my dog after reading that little blurb.

I said, "Look, we should be more civilized than to stoop in the grass and well, you know. I realize there are sidewalks on both sides of the street, but you need to walk in the road now. You don't see the HOA pooping on the grass, they know better. And by the way, why do I have to clean up after you - you ought to be cleaning up after yourself."

Today, I found the solution. I was driving on 41 and pulled up to a car at a traffic light. I looked over and saw printed across the side of the car CALL 1-800-DOG-POOP for professional pet waste management. How clever. For $10 per service, they come to your yard and clean up dog doody, or should I say residue. I know good fertilizer when I smell it, and if you leave it on your grass for about a week, the nitrogen, phosphorus, and potassium should get that St. Augustine putting out some pretty good crawlers. Then once a week, 1-800-DOG-POOP and their trained technicians come by and do the dirty work for you. Don't forget though, try to coordinate that with your lawn service.

An Outside Point of View

This editorial was submitted by FortBendNow.com reader Nancy Hentschel.

Home Owner Association (HOA) and Property Owner Association (POA) living is advertised to promote sales and to manage the homeowner population, but these “corporations” are specifically designed to disenfranchise most if not all the homeowners in the subdivision.

The HOA corporation is frequently controlled by the developers, builders, or even the vendors of the HOA corporation, such as the HOA management company and HOA attorneys. These entities seek legislation to give the HOA board (and therefore its agents) ever more control over the property belonging to the homeowners.

more

Thank you Mrs and Mr Hotz

Submitted by a resident:

Just a note of thanks to Mrs and Mr Hotz for their selfless dedication to Venetia. We’re so fortunate in Venetia … we get a twofer … Mrs Hotz is the President of the entire Association and Mr Hotz is subservient to her as the President of the single family homes association and he leads the Architectural Review Committee. We save so much time and bureaucratic rigamarole placing all that accountability in a wife-husband team! It’s like the bucket-full of money busy-bee volunteers have saved in erecting new security gates – but much, much more. Not that they’re anything alike – but remember when Evita and Juan Peron ran Argentina together – think off all red tape they must have cut through on behalf of the Argentines. Who needs countervailing views of unattached parties when making decisions affecting others? What a waste of time and energy having different, uninvolved people managing Venetia -- when a married couple, wife and man, can do it together! Sort of feels like I’m part of a “Family” … makes me feel warm and fuzzy all over.

Specifically, let’s recognize Mrs Hotz for the way she managed Washingtonian Palms removal (she signed the contract with Mizel.) That was, and continues to be, just one of many ringing successes – take a look at the Woodmere entrance and the sparse young palms on the ersatz bluff. Compare that picture with the tall and lush stand of mature Washingtonian Palms that once graced, but were removed, from that precipice. At least now, Mr Hotz doesn’t have to run off pesky brides who want wedding pictures taken there. Who wants young brides and grooms in white gowns and tuxedos from who-knows-where invading “Our Very Own Piece of Paradise” as Mr Hotz puts it on his Venetia Neighborhood One website (brought to you by Lakeside Studios – owned and operated by Mr Hotz).

We also need to thank Mr Hotz in his two (VNA One – ARC) hats for identifying and pursuing “Hawthorne Bush Weed Removal” violations. What could be more important than removing errant weeds from hawthorns around the oak trees? For example – take a short drive on Corso Venetia Boulevard - I call it the “Boulevard of Dreams” -- sort of fits in with Mr Hotz’s “… Piece of Paradise” theme. The house at 4315, abandoned for over two years now -- rundown, overtaken by weeds and overgrown is an eyesore as well as a drag on nearby property values. In my opinion; proactive care of abandoned homes in “Our Very Own Piece of Paradise” isn’t worth the weighty attention of Mrs and Mr Hotz when compared to the devastating effect of a takeover by weeds in the hawthorn bushes. Their ability to prioritize and focus on the things that matter most … maintaining and increasing our property values -- is but one of the many, many strengths Mrs and Mr Hotz graciously lend to Venetia. May they, together, administer Venetia in good health for decades to come.

In closing; thank you Mrs and Mr Hotz for everything you do for us – the members of the “Family” that live in “Our Very Own Piece of Paradise.”

Carlos Piad

Untergebener Autoritätsnachricht

How does it feel to live in a Stalag? Ok, ok ... its not a POW camp and we are free to sell and get out of here. (Which I am planning to do ... and I cannot wait to be out from under Mr. and Mrs Hotz BTW).

A prison camp, among other similarly egregious aspects, is a place where you have virtually no rights ... and the power of the keepers to control you is essentially, boundless.

Having received the latest Untergebener Autoritätsnachricht (unsigned Lighthouse memorandum dated June 30, 2010) it appears Party Headquarters decided they could make significant and material changes to the "Venetia Neighborhood One, Inc. guidelines, rules and regulations." Said changes specifically involving house painting and contractor hours; however other implicit requirements appear here and there in the text of the June 30, 2010 memorandum.

Has anyone ever seen the document noted in the memorandum - where is the "Venetia Neighborhood One, Inc. guidelines, rules and regulations" kept and made available for review by unit/lot owners? Has the aforementioned document been duly processed by the proscriptions contained in the By Laws and the Covenants and have these "guidelines, rules and regulations," been incorporated thereto? I was never asked to review the "Venetia Neighborhood One, Inc. guidelines, rules and regulations." I don't recall signing anything, ever, noting that I was required to adhere to the "Venetia Neighborhood One, Inc. guidelines, rules and regulations," or ceding unbounded extra-covenant and beyond By Law authority to Norman Hotz and his committee or committees.

By what bi-lateral agreement or contract does the "Venetia Neighborhood One, Inc. guidelines, rules and regulations," carry the weight of Venetia Community Association (VCA) or VNA-One enforcement and fining authority? Are there other similar documents requiring unlimited extent performance by unit owners? What are the bounds of the authority vested in the officers of VCA or VNA-One and those committees themselves and are they all acting within those bounds?

Was the process used to construct, review and approve the "Venetia Neighborhood One, Inc. guidelines, rules and regulations," conducted in the "sunshine." Was a memorandum of record issued, or series of memoranda prepared, to document the building of these guidelines, rules and regulations? Why were these guidelines, rules and regulations not incorporated in the recent re-issue of the Covenants? Has the Association attorney conducted a review and provided counsel on the authority to issue the "Venetia Neighborhood One, Inc. guidelines, rules and regulations" and to make changes to said document or compilation of documents.

How much longer and how much more do we have to put up with from the same clowns?

C. Piad

BEFORE


NOW


Thanks HOA!!

DOUBLES

We're being double gated in. Now if you are having a problem navigating the new double barrier or lose your number, call Dennis Smith for the correct code. He can be reached at 941-474-5300 between 8:00 and 4:30 - otherwise call the HOA at 914-408-7923 when you are locked out and need to get home.


Wow man, I'm impressed. That's a big uhhhh, pipe.



Where should we put it now?



Uh, is this what I retired for?


Someone get the instructions!


We need more cones over here!

The Original HOA

Our Land?

BUFFOON

According to one online directory, a buffoon is also considered a fool, idiot, dolt, dunce, dunderhead, dullard, ignoramus, dummy, simpleton, jackass; informal chump, blockhead, jughead, boob, bozo, doofus, nincompoop, numbskull, numbnuts, dope, twit, nitwit, halfwit, birdbrain. See also ass.

An elderly couple in our neighborhood were forced to sell their home because of illness and move into an apartment with assisted living. They could not take all of their belongings into smaller square footage and were forced to sell some of their beloved possessions. With the help of their realtor and a nod from the management company, a three hour sale was to be held from inside their home on one recent morning.

This is where things get sticky and my use of buffoon enters the picture. With arms flailing upward toward the sky, the president of the master board of this gated community ranted and raved about the audacity of this couple having an indoor sale without her permission. But it gets better. The president of the single family homes (spouse of the aforementioned) enters the house, screaming and yelling for everyone to GET OUT. He boomed loudly at the woman holding the sale that she didn't have his permission, forcing her to back away and frightening her into ending the sale. At this point he ran to the gates and had them closed, fearing that the riffraff from other neighborhoods might try to come in for the Estate Sale.

Many neighbors were mortified that this happened within their own community and felt it necessary to apologize for the board out of embarrassment.

Once again, the word is spelled B U F F O O N.

Sound familiar?

How Ridiculous and Small Minded Can They Be?

SUBMITTED BY A NEIGHBOR:

Two foreign wars and thousands of American troops killed and wounded. Highest rates of foreclosures since the Great Depression. Florida unemployment rate at 11%. Stockmarket losses in the trillions of dollars. A raging recession that threatens to turn into the Greatest Depression. GM and Chrysler retirees worried their pensions will disappear. Home invasions, burglaries and violent crime climbing at an alarming rate in Sarasota County. Several break-ins and robberies in the Venetia subdivision in South Venice. Several abandoned homes in Venetia that now look like hobo shacks. WEEDS IN YOUR HAWTHORN BUSHES!

Never mind all of the other things normal people have on their minds; in Venetia it’s always about the small stuff. The Vice President of the single family home board has now taken it upon himself to go house-to-house warning people about weeds in their Hawthorne bushes that circle the little oak trees that line the sidewalk. Can you imagine the gall of this guy having the cojones to actually knock on a neighbor’s door and tell them to pull the weeds or risk getting a letter of violation from THE ASSOCIATION?! Good grief man, get your head out of your posterior and get real or at least BE REASONABLE. How about doing something to keep the abandoned houses in Venetia from looking like hell – talk about weeds?!!! How about getting rid of those ridiculous “security” cameras and sitting down with the Sarasota Sherriff and work on getting some non-routine patrols through this neighborhood before one of us gets assaulted by a burglar? Will you idiots ever stop?! Get a hobby. Visit your grandchildren. Get a life for heaven’s sake. I can only hope some of you idiots will have lost enough of your puny nest-eggs or your pensions so you have to get a job or move-in with your kids. Stop harassing the rest of us who have lives and important things to worry about that don’t involve your picayune concerns about Venetia.
PS: I am going to fertilize the weeds in my Hawthorne bushes and water them and care for them ...Hell -- I am going for prize winning weeds ... and I hope and pray JC will knock on my door so we can have a nice long chat about the weeds. Please, please, please knock on my door.

Anonymous

They're Just Big Bullies

Check out this video coming from Houston. Sound familiar?

EGADS!!

Venetia seems to attract all kinds of venomous snakes.

"IT" Continues

Comment from a Venetian Resident:

“It” will never be enough. There is no one among us, collectively or individually capable of making “it” stop nor does anyone in a leadership position have the common sense or intelligence to know either what “it” is, or any of the reasons not to deliberately do “it.”

Thanks to “them” and “it,” which for all intents and purposes are the same word, I’ve lost more than you can possibly image or scarcely believe. But don’t let my plight trouble you in the least because “it” couldn’t possibly happen to you. After all, we’ve been promised time and again that “it” was only a little thing, entirely focused and even dead and buried at this point.

However I know for certain “it” continues and is spreading. For instance I know of a couple gleefully hopeful to rent a unit in the condos. I guess they found the only agent in the south county area not familiar with Venetia’s well deserved infamous reputation. Anyway to summarize their plight: they’ve been jerked around by the boards and even the management company so much that they’ve finally decided it isn’t worth “it”. “It’s” come full circle. Getting in, is almost as hard as getting out.

I let go of dreams and reality a long time ago and that I’ve discovered is the secret to living with, and even loving “it.” Quality of life is unimportant to me now. So are safety, any kind of value, profit and peace of mind. Who needs to be encumbered by such fantasies? This place is so wonderful in my mind now that I can’t figure out why anyone would want to leave “it” or even not put up with “it” for the once in a lifetime chance to be royally screwed by “it.”

Who wouldn’t want a piece of “it” is the only thing I can’t figure out. We should definitely be proud of “them” for so recklessly practicing “it” so that everyone; owner, tenant or prospect will get a chance to experience it!”

WHEN ENOUGH IS ENOUGH

Or . . . . Venetia is where I live, but not what I live for.

I have noticed that the neighborhood is showing signs of maturing. That’s what neighborhoods do; the trees grow wider and taller, the sidewalks crack and lift in places, tufts of grass show up between concrete slabs, and paint on homes fade as do the pavers and tiled roofs. Birds have begun their yearly return to our backyards and the sound of delivery trucks, dogs barking and lawnmowers have replaced the silence of a brand new neighborhood. This aging process builds character in a community, just as it does in its people, and for some, it feels more like coming home.

Even the HOA has begun the process of change. Now that Ronnie Hotz has replaced George Sperry as President of the Board, there is no doubt in my mind that the Board will become more reasonable. Ms. Hotz keeps her cool and garners more control over the meetings. She listens to the residents and is generally more inclusive, whereas Mr. Sperry followed only his own agenda. I am hopeful that she will be more successful at making this a friendlier neighborhood and giving it a better image than it previously had.

Certain things have to change though. The Board can’t continue to make contracts like the one with Sammy Mizzle, although they probably know that now. They can’t abuse their positions by using general funds to sue people over events that have nothing to do with the community as a whole, such as the “cage debacle”. That should never have happened. Had it been a more reasonable Board, they could have grandfathered the cage in and saved the homeowners $50,000. Now we are spending more suing the resident to get the $50,000 back.

It’s time to stop wasting money, to clean up the common areas and commend the residents for taking good care of their own properties, instead of punishing the few that don’t.

Yes, Venetia is where I live, but not what I live for. There is family and friends and a whole world outside these gates. The Boards in Venetia are welcome to live for Venetia, but me? I’m taking a long leave of absence to enjoy those things I really am living for.

ROTTEN NEIGHBOR AWARD

If you happen to be walking down Via del Villetti with your dog, and a skinny old man comes screaming out of his house, flailing his arms at you, hatred spewing from his nasty old mouth, then you've met him. I don't want to mention this man's name, it just wouldn't be fair, but you know who he is. Thank goodness there are more dog lovers than haters.

“The price of apathy towards public affairs is to be ruled by evil men” . . . . Plato

STOP THE THIEVES!!!

IS THIS BOARD FOR REAL?  ONE OF THE FEW ASSETS THAT BELONG TO ALL OF US ARE COMING DOWN.  THREE DIFFERENT KINDS OF BEAUTIFUL PALM TREES.  THEY ARE ROBBING YOU!!!  DID YOU VOTE FOR THEM TO DO THIS??   THEN DO SOMETHING!!!! do something . . . . do something


Quotes from the February minutes:

Offer to buy Canary Date Palms at Jacaranda entrance. MRT Landscaping has offered to buy the Canary Date Palms at the Jacaranda entrance for $10,000.00. The Board will seek additional offers.

Under the heading of Reports of Sub Associations, Villa Paradiso, the Christmas Palms are being removed behind some of the Villas, to keep raccoons from climbing on the roof and getting into the homes.

VOTED 03-09: To accept the quote from Key Landscape Management to remove the 125 Washingtonian Palms on the berm near Hourglass and Circlewood at a cost of $75.00 per tree.

A Confederacy of Dunces

When will our illustrious board and its judicious Madame President shift their collective attention from its petty war on our pet dogs to the disastrous state of our landscaping – which, by the way, they created.

They ought to concern themselves with fixing the mess they have made of our community landscaping. Rather than worrying about 6 foot leashes; perhaps the community ought to question the board’s giving away our specimen palms to replant trash trees at their uneducated whim. Have they exceeded their authority to offer our collective assets without asking our permission by vote?

These self-appointed horticulturalists have decimated the mature plantings at both entrances and denuded once delightful areas, like the Butterfly Park, where a butterfly will never alight again.

If we all continue to turn a blind eye to their haphazard management and bumbling decisions, the costs to repair the damage they have and will continue to reap upon our once lovely community will soar to budget busting proportions.

Open your eyes, walk around the community … even if you don’t care that much about the landscaping itself; realize the negative impact the board and its President has on your investment. The better the community looks upon first impression when prospective buyers drive in, the easier it will be to sell your house and the higher price it will fetch. Enough is enough.

PS: If another board member (you know who you are lady) harasses my wife one more time when she walks our dog - on a leash - in the Butterfly Park - I will not let it pass idly by.

Carlos Piad

INCREASE DUES OR CUT COSTS?

Maybe it is time that the new HOA President looks at the broader economic picture.

The economy is suffering.  People are hurting.  It's time to look at Venetia's spending practices.  Instead of raising dues to include larger legal fees and larger management fees, perhaps it is time to cut costs.   We have used lawyers to put liens on our members, to investigate our residents, to support the politics that the association board practices.  It would be more prudent to have them look over our contracts so that we don't make more mistakes like the Sammy Mizzel catastrophe, or for violating FASB rules, such as the way in which the street lamps were purchased.  For that matter, isn't that something that the management company should be doing?  Our Board members don't appear to have the knowledge or experience to be making these decisions.  Isn't that why we hired professionals?

  With the increase in home foreclosures in Venetia, resulting in decreased revenue, why are we paying the management company to take notes at meetings?  The management company is not providing what this neighborhood needs.    Either let's use them to manage Venetia, or let them go and cut our costs so we can repair the damages.

WHO WROTE THE RULES?

Venetia 

Recreational and Social Complex 

Rules and Regulations

"Exterior doors of the clubhouse are to be kept locked and closed.

Be sure the clubhouse doors close firmly behind you as you enter or exit the building.  The building must be secure at all times to maintain a clean and safe environment for residents and their guests."

Personally, I think the rules are unnecessary and unfriendly.  But, the Board wrote the rules, and as an added reminder not to open the doors, installed alarms and video cameras.  Exactly who were the rules written for?

150 LAWSUITS FOR APATHY

I just came upon a really interesting lawsuit in California. A homeowner is suing 150 homeowners in his neighborhood. The problem started with the HOA wanting him to remove a gate from his property.

When asked why he would sue his neighbors instead of the HOA, he said "If you think this is all about a gate, you are living in a dream world. You need to start looking into the files at the Club House to really learn what is going on in this community and how your money is being wasted. . . . If this is all about a gate then why is the Board spending over $100,000 of your money and raising assessments each year? Maybe I know something you don't know, due to your apathy. I discovered things during the malicious lawsuit filed by the Board you elected."

Click here to read the article. It's thought provoking.

Mother Goose

JUST SAY NO!!

A Comment by Carl Block:

Why should we, the residents of the single family homes, have to live under the rules which were set up by the developer and his lawyers? They don't live here, they never intended to live here, they just wrote the rules and left.

Now that the covenants need to be rewritten, why not rewrite them with rules we want to live under? The original rewrite committee spent a summer at work and presented a document with most of the unreasonable things taken out. Norman Hotz spent a winter putting the unreasonable rules and more back into the document.

Now he wants us to approve them. DON'T! Read it and demand the changes you want.

Did you know you have, by law, signed away some of your constitutional rights guaranteed by the United States government, such as Freedom of Speech, Freedom of Expression, Freedom of Unreasonable Search. Did you know that the board wants to keep the right to enter your property or home anytime it wants?

Be aware, read it, demand the changes you want. In other words, Make It Reasonable.