BREAKDOWN OF A PLANNED COMMUNITY
By Ella Croshier
March 8, 2012The very essence of a Planned Community is that the property owner relinquishes some of his individual property rights to the collective will of the community as set down in the governing documents. The major advantage to this type of arrangement is the implied understanding of “What you see and what you like will stay that way”. However, some, even though they signed on to the rules of the Coronado Cays Planned Community, chose to find a way to get around the rules and with the cooperation of the HOA Board of Directors and the City of Coronado found a way to do it. However, like the “Sorcerer’s Apprentice” with no rules they have unleashed the destruction of the Planned Community.
It is interesting to note The Cays Architectural Committee is finally faced with a request they must reckon with due to exceeding their limitations. Paul and Jan Plotkin have requested approval for a complete teardown and rebuild of 13 Port of Spain Road, a single level end unit in a group of attached townhomes asking all correspondence be directed to attorney firm of Solomon Ward Seidenwurm & Smith. Having lived in the Cays for 33 years and experienced the HOA process regarding construction changes they are aware their request is a first for a complete teardown/rebuild of an attached townhome. The Plotkins previously obtained approval to make construction changes to 17 and 19 Port of Spain, which they own and cite them as similar changes. Their request states the HOA BOD ‘Must” approve their request that the AECC has limited powers for design, materials and workmanship. The sequence of events changing “THY SHALT NOT BUILD INTO THOU SHALT BUILD’ are as follows:
CCHOA Governing Documents did not permit expansions in several villages prior to adoption of the Specific Plan Ordinance adopted Dec. 2001.
Did the CCHOA BOD instead of denying individual requests to expand decide to investigate ways to allow major remodeling and reconstruction without a vote from Coronado Cays Homeowners as required by the Coronado Cays Governing Documents?
CCHOA BOD requested and received cooperation from City of Coronado to eliminate the Special Use Permit Agreement between the developer and the city prior to its expiration date of December 21, 2016.
- The SUP or Special Use Permit was a document negotiated and agreed on between the City of Coronado and the developer of the Coronado Cays. The SUP contained land use, building codes, other regulations under which the Coronado Cays was developed.
- Enforcement of the building codes was a Coronado Cays responsibility
CITY OF CORONADO adopted Cays Specific Plan Ordinance December 2001.
- The building codes contained in the Coronado Cays Specific Plan were the
building codes contained in the previous Special Use Permit.
- New building permits and code enforcement became the City of Coronado responsibility.
CCHOA adopted a resolution giving them power to make rules for construction changes.** Note
CCHOA BOD expands membership handbook, previously used as a quick reference to rules governing common grounds, etc., now used as a building
construction code book.**Note
**These two BOD actions are difficult to understand after the adoption of The Coronado Cays Specific Plan and the City of Coronado assumed authority over building permits and codes.
Did the HOA BOD and Coronado City Council knowingly cooperate in a scheme to circumvent the Coronado Cays Governing Documents for the purpose of being able
to make major construction changes on homes in the Coronado Cays Planned Community? Did they overreach their authority? Some homeowners believe it appears they did. Here is information for you to judge for yourself.
THOU SHALT NOT BUILD:
KRANZ LETTER:
April 30 2001 letter to City of Coronado City Manager Mark Ochenduszko re Specific Plan from Robert L. Kranz, General Manager Coronado Cays HOA (cc:Board of Directors)Â…”Dear Mr. Ochenduszko,Â…Attached is a resolution approved by the Association Board of Directors regarding the expansion of zero lot line houses. This issue has been discussed at several Board of Directors’ meetings. The intent is to allow zero lot line homes to be expanded only on the ground floor only. The Board does not want to allow second story additions because the inevitable effect that such expansions would have on neighborsÂ…Please incorporate this language in the final draft of the Specific Plan as follows: “Any modification, addition, reconstruction or replacement of a home constructed utilizing the special side yard may be expanded only on the first floor and only within a rectangular area formed by a projection of the outer most exterior walls of the home as constructed by the original developer”Â…Sincerely, Robert L. Kranz, General Manager”.
SPECIFIC PLAN ORDINANCE – 90.10.100 (C) SPECIAL SIDE YARDÂ…”Any modification, addition, reconstruction or replacement of a home constructed utilizing the special side yard may be expanded only on the first floor and only within a rectangular area formed by a projection of the outermost exterior walls of the home as constructed by the original developer”.
The Kranz letter clearly articulates the intent of the HOA BOD and their reason for THOU SHALT NOT BUILD in the four Village Residence Zones (Bahama, Trinidad, Jamaica, Port Royale. The City Council later approved an amendment to allow the Egret Model in Port Royale to reduce their required 10 foot side yard to six feet. No other changes were made.
THOU SHALT BUILD;
City of Coronado Mayor Tom Smisek, over loud objection from many homeowners took the position that the city had always allowed second stories and disregarded the language in the City’s own Ordinance “only on the first floor and only within the outermost area formed by a projection of the outermost exterior walls of a home constructed by the original developer” declaring it was a matter of interpretation. Did Mayor Tom Smisek and the City Council need a dictionary of the English language or did they have an agenda?
Although the language has not changed except for the one amendment of which HOA members were not allowed to vote, the Coronado Cays AECC and HOA BOD and the City of Coronado have been approving expansions on zero lot line homes, townhomes, and condominiums on both first and second stories and in some cases even expanding the footprint on the first floor.
SPECIFIC PLAN GENERAL PROVISIONS – 90.10.100 (C) Effect: “These provisions with respect to the Coronado Cays constitute a comprehensive plan of development, control and regulation by the City of Coronado, except as may otherwise be provided herein The City of Coronado recognizes that a master planned community has been developed and that this specific plan is necessary to maintain the unique quality of the Cays, including the right to continue the land uses existing on the effective date of the plan codified in this title”.
THE SPECIAL USE PERMIT (January 21, 1968):
Does the “effect” of the SPECIFIC PLAN mean the “Cays right to continue land uses”Â…mean continuing land uses according to the building code in force in 1968 or the building code effective when the Specific Plan Ordinance became effective 2001?
The City of Coronado says they will approve permits approved by the HOA. The HOA BOD passed a resolution (Enactment of Rules) giving themselves the power to make construction rules for the Cays and put them in the Cays Hand Book, originally created as a quick reference for rules to manage the common grounds.
WHO AND WHY???
The HOA BOD requested the City of Coronado eliminate the Special Use Permit agreement between the developer and the City of Coronado and replace it with the
Specific Plan Ordinance. The reason why is because the governing documents didn’t permit building expansions except for custom homes. The governing documents provides a process to make amendments by vote of the membership but they did not do that. The City of Coronado agreed to their request. Why??? Perhaps because it would bring in more tax dollars to the city from the increased square footage of the building expansions.
DID BOTH THE CITY AND THE HOA BOD OVERREACH???
The SUP was an agreement between the City of Coronado and the Developer. The Developer’s interest in the agreement INURED to the individual homeowner (not the HOA BOD). Any changes in the SUP agreement was to be determined by the City of Coronado and the homeowner (not the HOA BOD). The SUP was eliminated without a vote of the membership. The HOA BOD told the City Council they had the authority to speak for the homeowners. The HOA attorney confirmed their right referencing General Powers in the By-Laws.
COMES THE RECKONING
The Plotkin’s PlightÂ…Having lived in the Cays 33 years, owned and made construction changes on two other townhomes, they are familiar with THOU SHALT NOT AND THOU SHALT. Had the SUP not been eliminated and the HOA BOD and the City of Coronado not decided to open up the Cays Planned Community to what has been described as a MAJOR LAND USE CHANGE the HOA wouldn’t have to be concerned with a possible law suit.
A LEG TO STAND ON:
Cays Specific Plan Ordinance:Â…Village Townhomes – 90.12.030 Development Standards state, “SINGLE-STORY TOWNHOUSES AS CONSTRUCTED BY THE ORIGINAL DEVELOPER CANNOT BE CONVERTED TO TWO STORIES. Call it what you want but a mezzanine is just another word for second story with a minor exception. The roof must be raised on the single level end unit and the increased size and appearance affects the compatability of design in the area. The HOA AECC should not recommend approval to the BOD. The HOA BOD should deny the Plotkin’s request.
A dictatorial governance is not what home owners expected when they bought into the Cays Planned Community. Extending special privilege to a few that negatively affects others is not what they had in mind. However, NIMBY syndrome prevails for those who are aware and do nothing to protest. Those who are unaware perhaps it’s time to get educated. It’s your community and your responsibility.
Submitted By Ella Croshier
