Don’t Burn Down The Neighborhood With A Unlawful Yard Trash Fire … Obey Florida Laws

You must observe the setbacks. You cannot build a fire under the canopy of trees. Building a fire under trees would be negligent.

The lots in Village Green are too small to meet Florida setback requirements. The HOA is well aware of this fact!

In many states,  if a person causes the death of another person or an unborn child by the negligent handling of a dangerous weapon, explosive (or explosives), or fire, they can be charged with negligent homicide.

The blog is NOT affiliated in any way with the Village Green Property Owners Association, Inc.

CLICK HERE to follow this blog.

Open Yard Trash Fires In Florida Must Be At Least 150 Feet From A Neighboring Occupied Structure

One Hundred Fifty Feet (150 feet) is half the length off a football field. These Dallas cheerleaders are on the 50 yard line of a football field. It is 150 feet to the goal line … a very long distance. The image below comes from the Florida Forest Service website. Download the Florida law on open fire requirements. It defines the required setbacks for an open fire. The lots in Village Green are small. I don’t believe that any lot in Village Green is large enough to satisfy the setback requirements shown below. Many homes in Village Green are surrounded by a very dense tree canopy. Escaped debris burning is one of the leading causes of wild fires in Florida.

Smoke from an unlawful open fire can be a nuisance. Black’s Law Dictionary defines “nuisance” as the unlawful use by a person of his own property, either real or personal. This suggests that an unlawful open fire would be a nuisance.

There was a June 29, 2005 case in Broward County, Florida … Merril v. Bosser … where the plaintiff filed a complaint with the court that cigarette smoke from a neighbor’s condo was a nuisance. The smoke from an open fire … a bonfire … can be much worse than the smoke from a cigarette. The judge cited the Florida Supreme Court on nuisance in his order.

Paragraph 9 of the Deed Restrictions says that “No obnoxious or offensive activity shall be carried on upon any lot, …”. The smell of smoke is very obnoxious and offensive  when it is coming through your open window or patio door. The burning of toxic materials can harm your health. Read the cigarette smoking court case of Merril v. Bosser where Judge Robert W. Lee ordered and adjudged that the plaintiff was damaged and the defendant was ordered to pay damages.

I would suggest a new Deed Restriction that prohibits open fires … bonfires … in Village Green. The smoke from an open fire … a bonfire … can be a nuisance as defined by the Florida Supreme Court to nearby neighbors. I believe that an open fire is a safety hazard in Village Green. I have asked the Board Of Directors (BOD) to consult with the Florida Forest Service and Lake County fire officials to get a full understanding of the Florida law on open fires. I believe that the Village Green Property Owners Association might be liable in a legal action if they ignored an unlawful open fire. I suggest a Deed Restriction that would prohibit open fires as defined by the Florida Forest Service. I am not an attorney or a fire safety engineer. The BOD needs to consult with such professionals to head off any problems that might arise in Village Green. The SAFETY of Village Green residents is very important.

Underwriters Laboratories (UL) tested and approved fire pits are much safer than open burning (bonfires) and may be allowed under Florida law. The BOD needs to consult with local fire officials on the use of UL tested and approved fire pits in Village Green and set out any guidance for Village Green property owners on fires in new Deed Restrictions.

Re-write the 26-year old 3-page Deed Restrictions and shut down the burning of yard waste in Village Green. Village Green has yard waste recycling pickup every Thursday. There is no need to have open bonfires in Village Green. Why should near-by neighbors have to suffer from the smoke, burning embers and ash on cars?

The blog is NOT affiliated in any way with the Village Green Property Owners Association, Inc.

CLICK HERE to follow this blog.

Put Your Front Sight On The Target & Keep Your Eyes On The Front Site … “Navy Seal Talk”

I sent this photo to Lake County Code Enforcement and asked for help. Glen Guzman … the Division Manager at Code Enforcement … called me … he wanted to talk. He said he wanted to help.

I have been working with Glen Guzman and his staff for the last couple of weeks. I also worked with Crayon Silva, Cliff Howe and Jamie Davis. The Village Green board of directors owes them a letter of thanks.

Together, the code enforcement team pushed this case to the Lake County Attorney who filed the petition with the Special Master court. The Special Master is a lawyer in good standing with the Florida Bar or a Florida Supreme Court certified mediator retained to hear cases involving violations of the Lake County Code, including the Land Development Regulations. The Special Master has all powers granted by statute, ordinance or by law.

The Lake County Attorney is a petitioner in the legal action filed against the owner/heirs of 8631 Spyglass Loop. The action is a statement of violation and a notice of a hearing. A certified copy has been sent to Carla Pepperman, Esq. Guardian & Litem on August 10, 2017. Carla Pepperman is the Ad litem (Latin: “for the suit”). It is a term used in law to refer to the appointment by a court of one party to act in a lawsuit on behalf of another party such as a child or an incapacitated adult, who is deemed incapable of representing himself.

The contact information is Carla Pepperman, Esq., 640 N. Baker Street, Mt. Dora, FL  32757. Carla is a personal injury attorney.

Lake County Court Hearing Notice

When you see code violations … call code enforcement FIRST. Back up your complaint with an email. Call and check the status frequently. Put your front sight on the target and keep your eyes on the front sight. An experienced community association law specialist could have probably moved this legal action along much faster and cut the lead time by maybe two months.

I have established a great relationship with Glen Guzman and his staff. Call me if you need help with a yard code violation.

The board now needs to make sure that the yard is professionally manicured. All of the grass and weeds need to be removed from the property. You can’t have piles of grass and weeds left in the yard.

The blog is NOT affiliated in any way with the Village Green Property Owners Association, Inc.

CLICK HERE to follow this blog.

Set Up A Monthly Uber Conference Call With Nearby Subdivisions

It is always best to learn from the mistakes and success of others. I suggest that the Village Green President set up a FREE monthly Uber Conference call with the president of the nearest 7 subdivisions. The conference call would be to discuss what has been working and what is not working in their respective homeowner associations. Find some great ideas and execute them.

Maybe they have a Policy & Procedures Manual. Find the best ideas in the manual and use them.

The blog is NOT affiliated in any way with the Village Green Property Owners Association, Inc.

CLICK HERE to follow this blog.

It’s Time For A Woman President In Village Green

The ladies of Village Green need to organize a campaign to promote a woman as President of Village Green.

I believe that Village Green is ready for a woman President. Dr. Robin Revis Pyke is smart … organized and she has some great ideas. She does not need anyone carrying a football for her … some of you will understand the meaning. Village Green needs her organization skills. She listens well. She knows how to delegate and she will draw in some of the most talented property owners to her team. When you vote in November for board members … be sure to write a note on the ballot that your choice for President is Dr. Robin Revis Pyke. All of the ladies in Village Green need to write “I want Dr. Robin for President” on the ballot and mail it. Persuade the board members to select Dr. Robin as President. We need her ideas!

The blog is NOT affiliated in any way with the Village Green Property Owners Association, Inc.

CLICK HERE to follow this blog.