For more than three years, the Equus HOA in suburban Boynton Beach has been trying to get Barry Rosenthal, a former member of the HOA, to remove the diamond because it is ’not a good fit’ for Equus.
Realtors describe the 250-unit Equus development west of Boynton Beach as "a magnificent enclave of luxury estate homes with an equestrian flair." Sixty-five hundred square foot residences often sell for more than $1 million.
But the "idyllic, gated sanctuary" is not so idyllic these days as the tony community has been embroiled in a bitter lawsuit with one of its residents that shows no signs of ending. At issue at Equus is just how far a homeowner can go to change the way his property looks. For Barry Rosenthal, it is not very far.
He liked the idea of a large red-shaped diamond on his driveway entrance. The homeowner association board: Not so much.
>> BOYNTON READERS: Sign up for The Post’s weekly Boynton Beach newsletter here
The issue of property and an individual’s right to privacy or home aesthetics routinely pops up in South Florida communities. For some, a heightened sense of scrutiny - whether it is driveways, back porches, security cameras or Christmas decorations - often becomes a heated and legal issue between boards and residents.
In this case, HOA has been trying to get Rosenthal, a former member of the HOA, to remove the diamond for three years because it is not a good fit for Equus. The HOA claims "it was not in conformity with other approved driveway designs throughout the community."
Rosenthal put in the red diamond in June 2017 without obtaining HOA approval. He was cited by the HOA in August. He has been fined $1,000. He no longer is allowed to use the amenities at Equus, which include tennis courts and a fitness center. The HOA sued Rosenthal in June 2018. There have been two separate efforts at mediation. The most recent effort was in March.
On March 20, the mediator reported: "The parties did not reach an agreement as to any matter as a result of the mediation."
"You could say we are at an impasse," said Peter Sosin of Boca Raton, the attorney who represents the HOA. "Rosenthal admitted to me in a deposition that he could have repaved his entire driveway three times over with the amount of money he has paid his attorney in legal fees."
Meanwhile, Rosenthal’s lawyer, David Strauss of Fort Lauderdale, said his client is the victim of "selective enforcement." They do not like him, Strauss said. "That is what this is all about." Strauss said other homeowners have put in wishing wells and the board has done nothing to question them. Strauss said that Rosenthal has sometimes looked at himself as someone whose job it is to police what is going on at Equus. He has taken a number of pictures of violations and sent them to the board. The board won’t even accept his pictures any more, said Strauss.
Meanwhile, Sosin said this is not a case of someone moving into an HOA and not being aware of the rules and regulations. Rosenthal was on the board and knew that he needed to get HOA approval before he put his red-shaped diamond in. He chose not do it.
If the case is not settled, the HOA and Rosenthal had better brace themselves. Whoever prevails at trial will most likely recover their legal fees, which could run into the tens of thousands of dollars.
Email Mike Diamond at dimes706@gmail.com
The Link LonkAugust 18, 2020 at 10:37PM
https://www.palmbeachpost.com/news/20200818/red-diamond-in-driveway-west-boynton-homeowner-hoa-in-bitter-3-year-lawsuit-battle
A red diamond in a driveway? West Boynton homeowner, HOA in bitter 3-year lawsuit battle - Palm Beach Post
https://news.google.com/search?q=Red&hl=en-US&gl=US&ceid=US:en
No comments:
Post a Comment