Anne Rockafield just won her long battle with city hall. The 76-year old former college instructor repeatedly annoyed her neighbors with various code violations. When the city issued citations, she did her best to fix the problems. Then one day, city inspectors went to her property and objected to what they saw: an overgrown yard, tattered furniture on the porches, and a broken screen door swinging open. What did they do?
[O]n Aug. 20, 1993 -- while Rockafield was in Michigan visiting her sick father -- a crew with a small front-end loader dumped her belongings into a truck. The crew hauled away building supplies, sinks, bathroom fixtures, the antique chair and a pine chest containing a draft of Rockafield's unfinished doctoral dissertation.
The city is not sure how much stuff was taken because it didn't make a list.
"We don't normally inventory property we're taking to the landfill," [Orlando code-enforcement chief Mike] Rhodes said.
No surprise that she was still too upset to stick around to hear the jury award her $1,100 for her property and another $25,000 for pain and suffering. Her home did not pose an "extreme and imminent" health threat, so the city had no business confiscating it.
Setting aside the obvious questions (why didn't Rockafield's neighbors or the city try to HELP her clean her property, rather than sneaking in and carting her belongings to the dump?), the whole story raises an important question about homeowner's associations:
If even a city government, with all its law enforcement powers, cannot effectively prevent repeat code violators, why do people think a volunteer homeowner's association can do so? You'll notice that this woman was awarded $26,100. If our hoa faced that sort of judgement, it would be special assessment time--all homeowners would have to pay. On top of whatever the case cost us in legal fees.


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