On New Year’s Eve in Wedgefield, a deed-restricted, golf and equestrian community in Central Florida, someone shot and killed the Evans family’s yellow lab.
The family’s beloved pet escaped from its yard, as pets sometimes do, and apparently wandered onto a neighbor’s property. The neighbor allegedly confronted the owner of the dog, Brock Evans, and threatened to shoot his pet. When Evans quickly went to retrieve his dog, and talked to his neighbor for about ten minutes, he heard several gunshots. Shortly thereafter his dog was found with gunshot wounds, and later died as a result of those injuries. The neighbor denies shooting the dog, but does not deny that his son might have pulled the trigger. Orange County is investigating the matter as a case of cruelty to animals.
Under Florida Statute, the perpetrator, if properly identified and if guilt can be proven, may be charged with a misdemeanor or fined up to $5000 or both. However, if your dog is deemed as “dangerous” or if your neighbor claims that your dog attacked a person, pet or livestock on his property, this often suffices as a defense for shooting your dog.
Before the unfortunate incident, Evans had never spoken to his neighbor, who lives just two doors down the road. Wedgefield is a deed-restricted community with voluntary HOA membership.
A lot of areas in the Rocky Mountains have problems with beavers gnawing trees. But this state has a much bigger problem with humans who are busy as beavers gnawing away at large sums of money that belong to their neighbors. The story linked below contains an interesting line: “…it’s just the latest in a series of extraordinary embezzlement cases throughout the Fifth Judicial District, which includes Eagle, Summit, Clear Creek and Lake counties.”
It’s sad to think about, but these areas include some pretty ritzy communities with million dollar vacation homes. It must be that people put in a position of trust handling large sums of money just somehow think they’re entitled. Why shouldn’t rich people just allow us to wander through their bank accounts at will? What right do they have to complain?
Living in Colorado, I know there’s a big problem in this state with coyotes killing pet cats and dogs. Driving up and down suburban boulevards you see countless posters asking for people to help find a missing pet. In almost every case the pets have been killed by coyotes. And it’s not just small pets, either, it’s German shepherds, boxers, even pit bulls and mastiffs. When a pack of coyotes starts ‘harvesting’ there’s no breed of dog that can’t be easily taken down.
Some communities in Colorado have populations of mountain lions that exist primarily on household pets. In fact, the Division of Wildlife says Colorado has a population of between 5000 and 8000 mountain lions. The attacks are bold. It just amazing that more humans haven’t been killed by wildlife.
Nevada’s KTNV Hall of Shame report by Darcy Spears shows there’s an easy way to end backyard pet killings. But Homeowners Associations across the southwest refuse to recognize the solution: a four inch high fence top roller that prevents predators from jumping fences. It’s easy. It’s inexpensive. It’s certainly not a threat to power-hungry HOA board members.
But in HOA Amerika, self-interested board members don’t seem to be interested in welcoming sensible solutions to neighborhood problems. Their personal power trip is sometimes just beyond reason.
I am so happy to share this wonderful news from Rori Halpern. She is the mother who fought long and hard to keep the family’s pot-bellied pig for her sons.
“Long day for all involved. We are beyond elated to say Wilbur Bacone will remain forever in our home, continuing to bring joy and happiness to all. Due to confidentiality agreements between both parties we cannot share details. The only thing that matters is that we can keep our boy without anymore worries. Thank you from the bottom of our hearts to all who came forward in support of us. We love you all.”
It is no surprise that the notorious HOA “gag” order has been placed on the Halpern’s. Typical HOA style when they lose a legal battle. We know in this case they did lose because Wilbur is staying put. I sure hope the judge awarded the Halpern’s reimbursement for their legal bills and punitive damages for their pain and suffering.
Who wants to take a guess at how long it will be before the next HOA sues a homeowner over a pot-bellied pig? My guess: at least one more before the end of the year!
CAI proposes the following in Community Association Living:
“… the board has an obligation to listen to the owners’ concerns and to take those concerns into consideration in making its decisions. Formal means for obtaining owner input include the:
Resident/owner forum at board meetings
Participation of owners on committees
Annual membership meeting
Other means of owner input include owner surveys and letters and suggestions from owners. Just as a board has the responsibility to encourage owner input via these means, owners have the responsibility to use them to make their views known.”
Sounds good in theory, right? Put the onus on the owners to speak up and be heard!
But, suppose the Board does not care to listen, and resists serving the interest of HOA residents?
The truth is, the person who comes forward with ideas or suggestions is often ignored or rebuked by the Board. That has been my personal experience, and one frequently recounted by many other HOA residents. How often have we experienced or heard accounts of the following?
Owners sit through 2-hour long meetings, only to be told that there is “no more time” for comments at the end of the meeting.
Owners are told to sit down and “shut up.” Some meetings even result in physical altercations, or police or security escorting owners out of the meeting.
Meetings are adjourned prematurely to prevent input.
The Board avoids meetings altogether. If there are no open meetings, how can there be owner participation?
Meetings are not openly announced, or are held in secret.
Bottom line: HOA governance structure must be legally modified to comply with Federal and State democratic processes. Additionally, States must enforce these processes by allowing members to legally challenge non-compliant governance without having to file a civil suit and pay out of their own pockets, while also paying for the HOA to defend its actions.
Unless fundamental Constitutional rights are incorporated into their governance structures, HOAs will continue to operate as closely held corporations and/or de facto oligarchies.
