Public Open Space given way by the Chairman of the HOA

Open Space - Given away by HOA 

Open Space - As it should be  

Ok, so this is hard to believe….

In May 2014, a homeowner objects to 2 other home owners annexing open space as private garden and is then given the run around by the HOA until December (yes, 7 months!) when the Chairman of the HOA, Brian Sears, says:

“I think that the properties on either side, have tastefully created gardens which add to the value of Thesen Islands and are not in any way obtrusive. I have therefore instructed Wiekie Smit not to trim the hedges any further. It is regrettable that you have decided not to accept my decision and that you now intend taking the matter further, whatever that may mean.”

So here is how it works: If you want to take over some open space adjoining your property just do it is a way that pleases the Chairman of the HOA and he will give you the OK to keep it.

And how is this for an interesting exchange between the Chairman and the Home Owner:

 Owner: “In terms of your statement that my properties might not comply 100% with the guidelines and constitution and that you will send officials to inspect them, let me reiterate my commitment to making myself available and my intention to rectify matters which are non compliant. I do however trust that the intention is for the rules to be applied consistently for everybody on the islands and that the intention is not to use the rules as a tool to bully me into letting this matter go.”

 Chairman: “I have no intention of trying to bully you. I vaguely recall that there is an issue with your P Island home, that was communicated to you some time back. I have asked Wiekie to go through the correspondence to check. If there is something outstanding, I will forward it to you.”

 It just happened to be raised at meeting discussing the home owner’s objection…

Then, on December 19, 2014, the home owner writes to the HOA:

“It is clear from your mail that you have decided to set aside my request for the reinstatement of the land portions to their legally defined land use and for the status quo to remain.

At this juncture I have been advised to request the following information:
1) On what provisions of the constitution and on what legal authority have you based your decision to change a regulated land use and deny the members of the association access to the POS land?
2) Does the TIHOA intend applying for a rezoning of these land portions to ensure compliance with the municipal approvals, will the land be sold to the neighbours and has their levy been proportionally larger for enclosing public land and using it for private use ?
3) May I please have a copy of the design review panels decision to allow both neighbours to remove their boundary fences?

He then, on January 21, 2015 (one month later)  gets a reply that the Design Review Panel has inspected the annexed open space and they will be reverting to him.

Should the Design Review Panel be answering the questions in his letter? Of course not, they have nothing to do with it. It is just the HOA kicking the can down the road, as they have done for 9 months.

Open Space is simply what is: It is open space owned by the home owners for all home owners to enjoy. Not something that can be given away to individual home owners on the whim of the Chairman of the HOA.

And what does the home owner have to wrestle with the HOA to get them to enforce the Constitution of Thesen Islands?   For 9 months, so far, with  no success. Is this the type of governance that we should get on Thesen Islands?    

Why does the HOA not want to say to the home owners concerned: "The ground that you have now made into a private garden is not yours, unfortunately. It is open space and belongs to the home owners. You need to remove your plants, shrubs, gates and fences back to within the boundaries of your property. Thank you." ?

What is right is right. The HOA needs to do the right thing.