A Fowl Affair: One HOA's persecution of the elderly

Ever feed the ducks before? Maybe in a park? On your street? Or just randomly waddling around? Well you better not; especially if you’re elderly and vulnerable. It could subject you to years of abusive and demeaning litigation at the hands of your homeowner's association. 

But really? A homeowner's association? Abuse? Harassment? Belittling? These can’t be the hallmarks of my HOA you might say; and most of the time you’d be right. Your HOA is there to protect you and represent your interests as a member of a community. Sometimes though, and “sometimes” is becoming more often than not; your HOA will act like a secret behind closed doors tribunal that targets community members arbitrarily. It happens every day- it just depends how hard you look for it.

When you look, you’ll see It’s unfortunately becoming more common these days for Homeowners Associations to prey on and take advantage of the elderly, a largely vulnerable and underrepresented population-especially in Florida. What does all this have to do with ducks?

Well, at the Bristol Isle community in Miramar Florida, you don’t have to look very hard to see the predatory HOA in action. You also don’t need to look very hard to see that it is teeming with various ducks and birds. That’s because Bristol Isle is located within a bird sanctuary.

Merriam Webster: Sanctuary Noun

“place of refuge, safety, and protection.”

Indeed, these birds didn’t move into the Bristol community. The Bristol community moved into their world. Hence the need for legal protection.

So why is it that members of this neighborhood, especially the elderly, are being tortured for NOT standing in the birds’ way? Why is one man being paraded around and having his name dragged through the mud?

Why is his HOA, which is supposed to be protecting him the same way we protect these birds, instead leading a vicious years long vicious legal witch-hunt against him? Not only failing to protect him and treat him just like any other member of the community, but trying to make him pay for the removal of the birds? When they have no case? When they haven’t abided by their very own bylaws? When this man, instead of blocking off these poor birds’ access to the lake they so desperately try to enjoy, permits them to find the refuge they deserve and are entitled to. Why is this innocent man being persecuted onto his deathbed? It’s called selective enforcement and our very own Channel 7 news has already reported on this situation once before; (Check out the story at https://wsvn.com/news/investigations/feeding-of-birds-in-one-miramar-community-ruffling-feathers-pitting-neighbor-against-neighbor/). The Pregen Firm has been retained to represent this elderly man and his family in this bird battle and give him the voice his HOA has been trying to suppress.

Always remember your HOA has rights, but so do you. It’s critical you read your associations bylaws and rules. You’ve probably never seen them, but it’s never too late. And if you’re ever accused of violating them, you’ll want to have a knowledgeable attorney on your side because believe it or not, your relationship with your HOA is a contract and therefore a two-way street (and of course any contract is). You represent your HOA just as your HOA represents you. A journalist famously once asked Bill Clinton “Why did you do that to Ms. Lewinsky? He responded, “Because I could." Know that your HOA doesn't have all the power. If your HOA isn’t doing the right thing and protecting you the same way as every other community member; maybe because you’re elderly, you can and should turn not only to the actions of the HOA itself, but also the contract (the bylaws) you formed with the association when you bought your home.

Stay tuned for more.