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March 28, 2006
Giving Up Rights
It's been interesting to read the various articles supporting the Twin River decision focus on the issue that owners cannot cede certain rights through a contractual relationship with the association. I find it interesting because 38 years ago, I gave up most of my rights through a contractual relationship when I signed up to enlist in the U.S. armed forces. And don't believe for a minute that I was made aware of the fact by the recruiters (no disclosure).
In one easy swoosh of the pen, I gave up my right to free speech, peaceful assembly, and petition (1st); protection against unreasonable search and seizure (4th); and my right to a trial by jury (VI), not to mention my freedom. I was then subjected to a string of abuses worse than any condo owner could ever received from a board member. Welcome to boot camp.
For four years I couldn't post any political signs, (much less peace symbols), paint my locker any color I felt like, have a pet (and I really needed some company), re-decorate my living space (all 3' x 6' x 3' of it), rent that space out, harass or insult the officers, put up a basketball hoop (portable), ask for a mediator or abitrator for assistance, or gain the attention of the media or my legislators to correct any of these obvious injustices. I gave up my rights to most of the constitution which was replaced by the Uniform Code fo Military Justice (CC&R;s), which was totally stacked in favor of the military (association) against the solitary enlisted man (owner).
You see, people voluntarily give up some of their rights all of the time, the question is - do they understand what they're walking into. I was 18 and none of the legal ramifications were even mentioned. How far do you think I would have gotten with a legal challenge to those circumstances? Was this right? or just? It didn't matter, it was accepted and backed by the courts.
What you need to remember is that some people actually read the association documents, and still decide that they want to live there. In fact, many choose to live there because they are looking for that type of structure -- they like the houses looking similar, they like that the lawns are maintained, they like the fact that they don't have to look at some obnoxious sign across the street (if you're going to allow signs, you're not really going to be able to control the content very easily), they like the fact that a third party can intervene when someone steps outside the rules -- in other words, they like association living. Shouldn't they be allowed to knowingly and voluntarily agree to restrict some of their "rights"?
Good disclosure and personal responsibility are still the main items that help make a good association.
Posted by joewest at 5:58 PM
March 15, 2006
“The karmatic path of a tree hugger”
From Kathleen C. Marcey, Lakeside Village, Palm Springs, Fl.
Firstly, I find myself alone on this narrow path. No one that I spoke to at the Board of Directors or Manager level
was concerned about the replacement of our trees which were lost in 2005. They admit that they do not
know what the native trees and plants are for SE Florida. They are completely unaware that trees control the
water table, prevent flooding around the retention pond, give shade and cool relief to the unit owners, increase
the value of the property up to 20%, reduce Co2 levels, oxygenate the air and are beautiful to look upon as the
seasons change; if native are planted in the right location.
The Chairwoman of the Beautification Committee appears to be threatened that I may make a decision on my own.
And no one can give me an answer on how much money there is for landscaping, only that the budget has a
$10,000. line item for tree removal and none for replacement.
I say, “Am I my brothers’ keeper? “ If I choose this path less traveled by, I should know that my neighbors and
Board are not in tune with their environment and it is incumbent upon me to educate them , as I educate myself.
In that vein, I have attended the Palm Beach Flower Show.,last week at Bryant Park, Lake Worth. There was a
“Native Plants Society” booth where I was shown small shrubs and trees native to SW Florida. At the Mounts
Botanical
Garden booth, I purchased a recommended book, “Best Natives” by Bill Nelson. Then I purchased a couple of shrubs
“Firecracker” and “Buttonwood” and felt compelled to buy a bonsai for my patio. And on I spent, buying 3 Cracker Rose
ramblers that I would donate to the club house fence.
I started to memorize the Latin names and visualize my future landscape around my building blooming with variety.
Then I was shot down by the Chairlady! Her dictum: “We don’t need any more trees, where would we put them,
won’t they block the view, oh, they are too big. No we won’t be buying trees. There is no money for trees,
who told you there was any money for your building.
No, you can’t plant trees even if the money is donated. We are planting bougainvilla (non-native).
Would you like to plant crotons (non-native).“
Clearly this has become my karma road and it is not shaded by any trees!
Posted by joewest at 2:34 PM
March 14, 2006
Time in a Bottle
The Community Associatons Network web site is having its first anniversay this month. I almost didn't remember it, as the year has shot by so fast that I don't think it should count as a real year. I thought as you got older that time was supposed to slow down a bit, that I was supposed to slow down a bit. I guess that might have been true 30 or 40 years ago, when jobs were more secure and seniority meant you could take it a little easier while the youngsters ran themselves ragged for you. I guess I'm missing those days a little.
Its been an exciting year though, watching the site creep into the search engines, counting the visitors, launching these blogs, doubling the size of the e-newsletter, and finding so many resources around the world wide web. We've grown to over 2,000 links to articles and web sites. And best of all, we met some wonderful people.
What's in store for this year----well, we're going to finsih the directories during the next month, and then work on expanding the information for the states. Beyond that, we want to try out some new technologies to bring more information to you in a variety of new ways. Technology doesn't stand still and we don't plan to either.
Thanks for visiting, and I hope you stop by periodically to se what's new. We also listen to suggestions.
Posted by joewest at 8:59 PM