Gator Statue Leads to Fight with Homeowners' Association | Firstcoastnews.com | UF Gators: "And when the Gators win big, Guyer decorates the statue with pom-poms. That's when it crossed the line, says Pace Island President Alan Williams.
He points to a rule stating that the 'Architectural Design Board has the sole discretion to determine whether plans submitted for approval are acceptable.'
Williams says the statue sends the wrong message to kids: it's OK to play with alligators.
He says they asked Guyer to remove the kids, but they declined. Williams also says homeowners agree to the rules when they move in, and that the homeowner and even Pace Island can be sued if they don't enforce the aesthetic rules.
So now, Guyer is facing a $50-a-day fine with the Gator firmly planted out front."
-------------------
So this HOA president thinks he has a general police power to make sure statues send a socially responsible message to the nation's kids. He thinks this statue will induce kids to run out and try to saddle up an alligator. Especially when the Gators win. So I guess any kids who see this blog post, or the newspaper article, will race out the door in search of the nearest six-foot reptile. Better drop that fine, or the publicity will lead to untold fatal gator-riding episodes.
And this is the same HOA that made this family take down a "Welcome Home" banner for a soldier returning from Iraq. What was the bad message there, I wonder?
4 comments:
Looks like another frivolous lawsuit in the making.
Yes, indeed. It sure does. Another nice gig for an association lawyer.
"homeowners agree to the rules when they move in" I am so tired of this argument.
Regardless, I wonder how the hoa plans to collect on this fine? I believe Florida statute forbids HOAs to impose property liens for fines. Even if they follow the fine process that is mandated by statute (and I doubt that they do). Sounds to me like Williams, and/or the HOA property mgmt co., is awfully ignorant.
Yep, FS 720.305 states, in part:
"A fine shall not become a lien against a parcel." So I guess the hoa plans to take the owner to court to collect?
In which case, I hope the hoa held the appropriate hearing:
"(2)(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed."
Though local tv news isn't the best source of detailed reporting, the article makes it seem like the hoa is violating Florida statute.
Post a Comment