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Re: [aroid-l] Hope Thursday went Ok

  • Subject: Re: [aroid-l] Hope Thursday went Ok
  • From: "Marge Talt" mtalt@hort.net
  • Date: Mon, 16 Dec 2002 22:55:15 -0500


According to a Condo Law column by lawyer Mark Bogen in the Sun
Sentinel (one of the links that David posted) :

"Unless the association documents give the board the authority to
fine, the board is powerless to levy a fine."

"Assuming the board has the authority to fine, it cannot levy one
until it gives reasonable notice to the unit owner and an opportunity
to be heard before a committee of other unit owners."

"If the committee does not agree with the fine, the unit owner is not
required to pay it."

I don't get the impression from your posts that you had a
hearing...did you?  Seems like a lot hinges on the actual wording of
the specific covenants governing your condo association.    Do you
have a copy of this document?

It also seems to me that you ought to get a lawyer.  At the very
least, talk to some listed on that SHORN site link -

It might be that they don't charge as much as you might think.

At the very least, you ought to try to contact Mike Van Dyk,
according to the SHORN site, he's an advocate for people in
situations like yours.

Michael Van Dyk
20565 NE 6th Court
Miami, Fl 33179 
Tel (305) 653-1679 Fax (305) 651-8437
e-mail vandykn@aol.com

While all of us can write emails in defense of your plants, it does
not appear to me that your board is going to pay an ounce of
attention to anything but some kind of legal pressure....it wouldn't
hurt to get a petition up amongst the neighbors who are supporting
you..after all, it's their board, too:-)

Whatever your actions, don't buckle under to this - from what you
have posted, it appears to be a gross injustice on the part of that
board.  What on earth are their motives, I wonder?

Marge Talt, zone 7 Maryland
Editor:  Gardening in Shade
Current Article: Wild, Wonderful Aroids Part 3 - Amorphophallus
Complete Index of Articles by Category and Date
All Suite101.com garden topics :

> Hello
> I live in a condo of single family homes, we own the home and we
own the 
> land, the condo part is just the common elements like the pool and
> courts.  It is the board of directors who are harassing me.  In
fact they 
> went so far as to encourage and solicit other residents to send in
> complaints against my garden, when they have never received a
complaint about 
> it before.  I considered this to be libel and harassment.  They
> contacted me beforehand !   I was never told that anyone had a
problem until 
> one of my neighbors told me about the letter they had received. 
Once again, 
> my neighbors all around me are on my side of this dispute.
> The rule they are citing says that gardens must be "maintained".  I
> maintaining my yard beautifully.  In fact a week after this problem
started I 
> had an article about my garden in five of the county's newspapers. 
> reporter and photographer seemed to think my garden was maintained
just fine.
> Linda
> > How do we contact these people? An email campaign might be 
> > in order.
> > 
> I would be more than happy to print out and deliver any messages of
> you send.

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