Guerilla warfare by Curran-Kelly and May Management!

This seems like a typical "power struggle" between home owners and a Home Owners Association. The management firm is supposed to run the Association with the overview by the ELECTED BOARD OF DIRECTORS, if they are complying with Fla Statute 722.

jjones, we had a few folks in our community, (an HOA), that hated, (and still do), the HOA. One day the most vocal and flagrant violator came driving by my home and he stopped so we could chat. He had a pad and pen, noting every little violation that HE thought was a violation for the purposes of proving to the BOD President that the rules weren't being enforced evenly across the board. I said to him, "You know how to get them off your butt don't you?" And he asked "How?" I told him, "Just come into compliance and they won't have a reason to screw with you. It's just that simple!" He drove off in a huff and hasn't had a complete sentence to say to me since. That was FOUR YEARS AGO! (LOL) My point was: Square yourself away and they have no reason to cite you...period! If your in violation, regardless of "other's violating"..your STILL IN THE WRONG! Stop fighting it, comply and THEN throw bricks! You can't throw bricks if you live in a glass house...you ever heard that one?

I don't blame you for the environmental concerns. Your complying with the watering guidelines is commendable, since few do that. Your BOD is an elected body. By law they must have TWO meeting a year. ONE of these meetings is for the purposes of electing new officers to the BOD. (BOD is the Board of Directors). The Board members then elect the President and other officers among themselves. Our Board, for example, has 5 members. (We tabled a motion at an annual meeting to increase it from 3 to 5. It carried so now it's part of our charter.) ALL present voted on this motion. We had a quorum of members so it was all in order.

The BOD can DIRECT the management company on what to do or not do to a certain extend. It depends on the wording of the contract they have entered into with them. They are using YOUR MONEY, (HOA dues), to pay for this management company. The home owners HAVE A DIRECT SAY about how the BOD spends the money. If the BOD acts unreceptive to the home owners' requests/demands, then they can be voted out at the next elections and replaced with others....YOU perhaps? Being on a BOD can be a PITA, I know, I'm on ours! Within the first few months I was told to "do my job" along with a few other condecending remarks. Well, BOD members are VOLUNTEERS and BY LAW are not PAID for they time and service to the community. The management company IS paid but it's up to the BOD to oversee their actions, or lack thereof. A management company can be FIRED too. (Just cause means saving $$$ for the members!)

You should go to the Florida website and read/printout Fla Statute 722 and it's subparts. It governs the HOA's in the state...ALL OF THEM! An HOA is a registered, not for profit, organization and MUST CONFORM to FS 722....period!

Also: Try making a list of violations, names(if known), addresses, dates, times etc and present them to the BOD at one of their meetings. OUR BoD meets every odd month on the first Tuesday. Most BOD's meet at least every other month, some meet monthly and some semi-weekly. I have no idea about JCP's BOD meetings, BUT I know that they MUST be advertised to the owners so they can attend to observe! Usually, owners can speak at any ANNUAL/SEMI-ANNUAL Meeting of the general membership. Ownrs may present grievences to the BOD at BOD meetings but usually aren't allowed to speak because the meeting could be filibustered if that was allowed.

Read FS 722 and you may learn a few things that even your BOD doesn't know!

Knowledge is POWER! Try not to become a rabble rouser tho. Be professional, use FACTS not opinions and when able, have PROOF either written or photographic! Remember the 5W's "Who, What, When, Where, Why" and if known "How". Stick to that guideline and you'll do well. I promise!

The police DO NOT enforce CC&R's for an HOA. However, if the violation just happens to be something that is also a violation of a county ordinance or state statue, THEN the police can be called. (Examples: Having an unlicensed vehicle in your driveway. THAT is against the county ordinance as well as our CC&R's.) The reasoning from the HOA is this will prevent someone from storing an obvious "junker" in the driveway. They can own it, but they MUST place it in a storage facility off property.

So, WHAT can an HOA actually DO? For serious violations such as working on your car, (major repairs, NOT an emergency like changing a flat tire), they can "assess" you on the spot. Our on the spot assessment is $50. and an additional $50. for everyday the violation continues uncorrected. Othr examples are: Unkept lawns/landscaping - meaning that an obvious lack of attention has resulted in an appearance that detracts from the overall appearance of the community. Usually there is a verbal warning that takes the form of a friendly, neighbor to neighbor chat. If that doesn't provide results, a written notice is made. If STILL there is no correction the HOA has a couple of options: They can assess you a set amount of money for each day the violation goes uncorrected. The HOA can also hire a lawn service to come and correct the problems and the BILL is paid by the HOA, but the amoount is ADDED as an assessment against your property.

Granted, these are extreme examples, but people that do not understand an HOA should become aware of what CAN happen if they really decide to "fight" the system.

If they assess my property, how can they collect? Well, all HOA's operate differently. Ours, for example, may turn the bills over to a collection agency but we seldom do that. What we DO is maintain a legal assessment account for the property: When it goes up for sale someday, and most do, the title company MUST obtain a "release" from the HOA, (by law), before they can "clear" the title of unpaid liens. THAT is when the money is paid or else...NO SALE.

So, if someone wanted to be a PITA right up to the bitter end, eventually they WILL pay, one way or the other. Now, some LARGER HOA's will take you to court right away and garnish the money or foreclose on your home, (if the bill was substanial). Usually what is required by law before going to a civil suit, as required by FS 722 -

The matter goes to a mediator via the courts..if that fails, the court appoints an arbitrator and their ruling is FINAL as if it came from the court itself!

MOST, not all, HOA's are run in a competent and fair manner by caring folks. However, some are run by political minded, power minded dictator types. If THEY violate the charter, then THEY are subject to regress by the general membership. They are "responsible" and CANNOT sluff it off on a management company and claim "ignorance" of it's actions or lack thereof. The buck stops with the BOD..period. There are a couple of websites that specialize in complaints about HOA's and give advice about how to "bust" the HOA. Trust me, an HOA the size of the one at JCP? It ain't gonna happen. Condos are a different animal but the most complaints come from condo folks...and usually with good reason too!

MY personal feeling is that an HOA should be a "binding force" in a community rather than a divisive one. It provides security for ALL owners, not a majority and a few that couldn't care less and ignore the HOA. But this is a free country and some folks decide that they are "right" and vow to "fight to the end". Well, I predict that you will LOSE so save yourselves and everyone else a lot of time, money and stress: Sell your home and move to a NON-HOA community, (IF you can find one!), OR, buy some acreage and build your home there. Then you can do whatever you please, including having an old Ford Fairlane up on blocks with grass growing around and through it!

 I appreciate the info and agree with what you are saying, but let me just make you aware that my "problem" is not that big.  Yes, there are some patches of lawn that are bare, due to the fact that I have pulled all the weeds out where the chinch bugs killed the St Aug grass. I am not a rabble rouser, I believe in do what you want, don't bother me and follow the rules.  I have tried 2x's in the past 2 years to correct the lawn problem, but due to the house next door doing next to no lawn maintenance other than a once a month cutting, I cannot control what comes into my yard if they won't cooperate.  I've had lawn companies come out and they have all told me that until the neighbors are in control of their lawn, even if I lay down new sod, the weed seeds and bugs from next door will just migrate over.  Now, as i said, I'm a live and let live type of guy for the most part.  I just go out in the summer and pull all the weeds out that I can, then cut the grass.  green is green, as far as I'm concerned.  I am not, however, going to pay over a thousand dollars for a new lawn, only to have it destroyed by the stuff from next door.  Look, I've had to turn down several good jobs with different companies due to the fact that I would take a work truck home that had signage.  My garage is full of my gym equipment, and I will not give it up, so I have had to turn the jobs down.  I see commercial vehicles parked in driveways all over, but it doesn't really bother me.  I just bring all these points up because it seems the ONLY thing Curran-Kelley is enforcing is the lawn crap.  I would gladly redo the sod if all the other violations which would COST NO MONEY to remedy were fixed.  You see what I mean?  Yes, I know, eventually I will have to fix the lawn, my question to you is "can the BOD property manager pick and choose what he wants to enforce?"  If it is in the books, if someone complains, it should be investigated, no?

""my question to you is "can the BOD property manager pick and choose what he wants to enforce?"  If it is in the books, if someone complains, it should be investigated, no?"""

NO and YES to the second. You should be able to make a WRITTEN complaint to the BOD or the Property Managers citing violations. You may also inform them in this written complaint about your dilemia with the yards adjacent to yours and the waste of money it would be to repair YOUR lawn without the neighbors taking proactive action in THEIR yards.

The vehicles with "signage"? If your CC&R's PROHIBIT them, drive around in the early evening, note date/time/address/Name of business on the vehicles and, again, make a WRITTEN COMPLAINT ABOUT THE SITUATION.

As the ARC Chair for our HOA I must constantly reminid my friends and neighbors that, for the majority, we address reported violations. More "obvious" things we take action on, but for something as you as experiencing, we wouldn't know about the neighbor's problems causing YOU problems UNLESS you report it...in writing!

Why "in writing"? A couple of good reasons: #1- It deters malicious reports made just to get people in trouble etc.

#2- It keeps documentation, date/time/person recieving the complaint etc, for future reference when action isn't taken. A BOD can be held ACCOUNTABLE for it's actions, lack of actions, or the same of the Management company! It's the BOD'S, OBLIGATION, DUTY & RESPONSIBILITY to oversee the management company...period!

If your BOD members do not feel that is the case: Next election, do NOT re-elect them! Solicit people to run for the BOD that are intelligent, fair and firm enough to enforce the rules as well.

I think there are many quietly seething over this endless landscape enforcement.   This is the only forum I've seen it discussed - thank you St. Johns Sun for picking it up.
The annonymous reporting that Mr. Curran Kelly relies on - or should I say encourages - really cast an ugly shadow on my street.   2 homeowners went round and round, pulling in a 3rd.   It was very sad.
When you have a corporate move, on short notice and from a different region - you can't take in all the requirements of these planned communities.   You have to quickly get up to speed on landscaping practices totally unfamiliar to you.   Pest control is a now a fixed expense.   Neighbors get inflamed and quickly call the pound over pets that escape their yards.    
It seems that lots of rules are comforting to many people - if only so that they can beat up someone and then feel righteous about it.   
Relocation is very stressful.  Families and their children struggle to adapt quickly.   Now layer in annonymous reporting on 'critical issues' like chinch bug damage, conspicuous pool equipment, weathered paint on your mail box.   On a bad day, you get one of those letters - you'd like kill someone.
I live on a conspicuous corner lot - so I've heard from Mr. Kelly frequently over the past few years.   I crave the privacy that my neighbors enjoy who live tucked away in the cul-de-sac, away from the prying eyes of our secret police.
jjones474, I feel your pain.

I hear you both and know what your going through, truly I do.

One way to make things better is to get involved in your HOA. The HOA is comprised of owners in your community whom then elect a Board of Directors, whom in turn elect a President from amongst the members of the Board. Other members usually chair committees like the ARC while others are secretary, treasurer and V. President.

Boards in a community the size of JCP normally "hire" a management company to run the day to day business of the HOA while the Board "oversees" their actions and/or lack of actions. THAT is the way it is SUPPOSED to work. IF NOT, it takes INVOLVEMENT to make things work as they should. An HOA is a "mini-government", make no mistake about it. Read FS 722. and you'll see what a HOA and BOD is tasked with.

The basic idea behind an HOA is to protect the continuity of the community which, in turn, reflects preservation in everyone's property values. This means everything from basic landscaping to working on cars in your driveway is covered. Other items are color matching improvements and restricting certain non-conforming color schemes.

Sometimes, (too many sometimes it seems), a BOD is dominated by someone that has lost the focus and purpose of an HOA and his/her duties and responsibilities as a Board member or Officer. (I'm giving you fellas the benefit of a doubt here, ok?)

Anyone that is "unresponsive" to a legitimate concern/issue that a remedy is readily available in the CC&R's, then that person can be removed from office with due process and you do NOT have to wait for the next election either. As far as the chinch bugs and neighbor's yards go: Try talking to your neighbors! They MUST be concerned SOMEWHAT about their lawns. You may brief yourself on the CC&R's before you start this little friendly conversation to INSURE that you are on FIRM GROUND, ok? THEN if the neighbor demonstrates that they just don't GAS about the problem, you can cite the CC&R's and how much MORE it will be, moneywise, to pay assessments than to just take care of their responsibilities. DO NOT argue or threaten. Just state the reality of the matter and then complain IN WRITING to the BOD.

In OUR HOA we passed a policy at our annual meeting, where we had a quorum, that ALL COMPLAINTS MUST BE IN WRITING! The membership at large passed the measure all yeas to no nays. This PREVENTS the "secret police" from making frivilous complaints about their neighbors. If they do not feel strongly enough to PUT IT IN WRITING, then our BOD ignores them, period. Vicious retaliations etc are ended when this is the policy. Harassment via complaints can be tracked and tallied. The chronic complainers are identified. If their complaints have MERIT, they, as a owner and member of the HOA, have EVERY RIGHT to complain, the same as you do! However, if their motivation is to nit pick and "selectively" enforce CC&R's against a "perticular" owner because they don't like something about you...then THAT can be STOPPED. YOU folks have to STOP it though. It will NOT happen automatically.

Yards & bugs: EVERYTIME you get a complaint about YOUR YARD, file a written complaint that day against your neighbor's yard that is the SOURCE of your yard's woes.

EVERYONE in your community MUST see JCP as just that, "a community", where folks live, work and play together. Watch out for one another etc. If it is NOT that kind of community, then fellas, you HAVE NO "COMMUNITY". All you have is a bunch of houses in a plat..no "homes", just investments, no neighbors, just folks next door that you seldom, if ever, talk to. You getting the picture now?

IF JCP is not "your kinda place", then I suggest relocation and let the whiners and complainers have the place. There are TOO MANY pieces of land around still where you can build a nice, affordable home and have no worries about some busy bodies aggravating the heck out of you all the time. That's my best advice. SOME problems just do not have an "easy cure/answer".

  The funny thing is, I live at the end of a cul-de-sac!  Someone has to have complained in order for this to have been noticed.  I'm not getting into a power struggle, I'm throwing down new sod, gonna water the hell out of it, and take notes.  Where I come from, you got a problem, come talk to me.  Don't go bitch to the powers that be and feel and self-righteous, like you did something good.  If this/these people had come to me and said, "hey, your lawn has some brown spots on it, I'm trying to sell my house yada, yada, yada, I'm much more open to that than being "told on"  I hate that.  They can fine me for all I care, I'm not going to jump for anybody.  People have enough trouble paying bills these days than having to worry about damn brown patches.  'Nuff said.  

I know this because 2 men, in their trademark blue truck, were parked across from my house - looking at my lawn.  Nanak usually doesn't park in the subdivisions.  I had a fair sized brown patch that had started to take off.    As soon as they realized I was the homeowner and was turning into my driveway, they hopped in their truck and pulled off.   

Now if you're enforcing code, why scatter like cockroaches?   Get out and talk to me.   I'd appreciate hearing from someone who knows a thing or 2 about lawn damage - rather than a faceless code enforcer. 

There's a lot of information from the University of Florida and local county extention offices on chinch bug damage.   It travels from lawn to lawn, once you get you can count on it coming back, it's resistant to pesticides, needs to be treated immediately best done by a pro.  I pay for pest control and they didn't notice it and, in my inexperience, I didn't know it spead as fast as it did.  Especially this summer.

May Mgmt could provide information on lawn damage.   They seem to have a nice relationship with Nanak.    And just as the original poster said, May Mgmt doesn't address what the professionals are publishing about watering and pest infestations.   They pass out citations.   Which is about all they can do.   I am not aware of them taking any steps other than letter writing.    

The first couple of times that it happens it's kind of embarassing.   After that - we figure we'll fix it when we get to it.     

Question: Do any of you know, (not guess), that Nanak has a "contractual agreement" with your management firm OR your HOA Board to do these "inspections"?

If not, then it is highly unethical and possibly an illegal business practice. They could be scoping out damaged lawns and "anonymously" reporting them as if they were a "resident" in order to obtain more "business" in JCP! Just playing Devil's advocate here, but it seems "fishy" to me!

They could just as well be asked by your BOD or the management company to do the "inspections". But if so, WHY would they "run" when a homeowner shows up?

BTW folks, if chinch bug damage is the biggest concern your BOD has, then they have no concerns compared to what they COULD have in a community that size. I know a couple of people that live in JCP and I've been in there several times. Just for ME mind you: They couldn't PAY me to live in that place. I hope you folks enjoy that lifestyle, and all that goes with it. We started to buy in JCP 5 or 6 years ago but opted to spend our $$$ on DOING things rather than owning things. We have never regretted that decision. It's a different lifestyle indeed!

Agreed.   I have never spent money like this to maintain an exterior image.   I know my dad is rolling in his grave.   

  Had my wife and I known what living in JCP entailed, no way in hell would we have moved in!  Aside from the endless outdoor maintenance, the place looks like Disneyland on a bad day.  Our realtor didn't hype up the fact that JCP is one big Romper Room after we told her we didn't want kids. Live and learn.  The novelty of living in a golf course quickly wears off and the charm of cookie cutter houses and lawns grows old quickly. (read-immediately!)  I am going to check and see if Curran-Kelley has Nanuk doing his dirty work for him.  If so, we may have a case.  No matter what, if you get or need sod, do not hire Nanuk to do it!

jjones, the wife and I spotted what kind of place JCP is the first time we drove through the place: It isn't a "bad label" if you LIKE that sort of living, but it is a typical "Yuppieville", no different than Eagle Harbor, Southampton, Northampton, Stonehurst, Cimmarone...the list is a long one for Jax and the surrounding counties.

We chose what WE thought was "adequate" for OUR needs and affordable enough that we could retire early and DO the things that we wanted to DO in our retirement before we got to damned old to DO them!

We "knew" what we were getting into when we purchased in our community, (reference to the HOA). We didn't move in here "despite" the HOA, but rather BECAUSE of the HOA. It is SOOOO easy for a manufactured home community to rapidly degrade into a version of "just another trailer park". Our HOA exists to prevent that from happening. MOST, not all, of our residents are getting ready to retire or have already retired. We all have like lifestyles etc. We LOVE our community and we LIKE our neighbors!

Sure, we "could have afforded" a place in JCP or one of the other "yuppievilles", but that is not how WE want to live. Yuppievilles are full of KIDS, spandex and impecable landscaped lawns that you are afraid to walk on! It's a "keep up with the jones'" kinda world in those places. NOT for us. Too bad you found out after the fact but we have homes available out here still. You'd be welcomed to come check us out anytime.

  I've no problem with the neighborhood itself.  The houses are beautiful, if somewhat generic.  The landscaping and parks are very nice too.  We just didn't expect the kind of clique-y ness that most of the people around here seem to have.  Basically, if you don't have kids and don't go to church and put religious bumper stickers on your car, you are strange.  I guess that makes me f'ing crazy!  My wife and I plan on moving as soon as the housing market picks up, in the meantime, we are redoing the whole inside of the house.  "samsgr" posted a good one, he tried, and now his mind set is he'll get to it when he gets to it.  I had just been bug bombing, watering, and miracle growing my yard since I started posting about this.  Chinch buggys are still there, and I've got no weeds now, but also no grass in places.  I can't win.  I think Nanak goes around at night and releases bugs and puts weed killer on lawns for fun. lol.

Just so no one gets the wrong impression: JCP appears to be a nice community, however it is just not "our cup of tea". We know a few folks that live in JCP and they love it there. (Of course, they fit the "yuppieville" profile.)

jjones, if you have a mind to, check out www.353shadyoak.com

It is a typical home in our community. Click on the slide show and see the whole thing.

Or not. Your choice.