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POINCIANA — Paul Palmieri, a disabled homeowner, had a neighbor take two bad tires off his car for repairs. They were back on the car the next day, but that was not soon enough.Palmieri had already been cited for making car repairs at his home - something banned by Poinciana's deed restrictions.''I was very upset,'' said his wife, Claire.The Palmieris are not alone. Dozens of Poinciana residents are fuming about the subdivision's deed restrictions, which they contend were hidden until after they bought their homes, are too strict, and are unfairly enforced.Fifty-three people turned out last week at a meeting to complain about the 42 pages of restrictions that apply to the portion of the 44,000-acre subdivision in Osceola County.''They won't let anybody do anything. Everybody out here wants to get out,'' said resident Barbara Sanders. ''I just lost my job. If I had it, I'd spend the whole damn thing (income) fighting them.''The restrictions, enforced by the Association of Poinciana Villages, ban:- Travel trailers and boats - even if they could be housed out of sight in the garage.- On-street parking, except for temporary visitors.- Any alterations to a home without the approval of a review committee.- More than two pets.- Parking on the grass.- Automotive repairs and many, many other things.''
You need deed restrictions to keep the place up. I have no problem with deed restrictions, but the way they're enforced out here is like living with the Mafia,'' said resident Betty Henton.''They need to be modified, such as the color you are allowed to paint your house,'' said Claire Palmieri. ''People want to have a certain color on their house. They're told, 'You can't. ''''Most of the residents out here do not receive deed restrictions until months (after they buy),'' said Palmieri.Joseph and Barbara Tomanelli, who are being sued for altering their garage door, first found out about the restrictions from the Welcome Wagon lady one month after they had changed the door.''That's a hell of a thing,'' said Barbara Tomanelli.Kissimmee attorney Norman Smith said there is no law requiring a seller to disclose deed restrictions to a potential buyer.However, he said most buyers have a title search done and the restrictions turn up then.''Anybody who's going to go spend the kind of money (required) on a subdivision lot . . . is really quite foolish not to one way or the other have that title investigated,'' he said.
Avatar Properties Inc. is the company developing the 100,000-plat site that spans the Osceola-Polk county line. Currently, 8,000 people live there.Lou Campanelli, head of Avatar Sales, said his employees disclose the restrictions to potential buyers but even if that were not the case, ''There is nothing that would cause a customer not to buy a home.''However, Stephen Turner, Sanders' next-door neighbor, said he would never have bought in Poinciana had he known about the restrictions.Turner and his wife moved down from New York in 1985, bought a boat and prepared to ease into retirement.''I didn't know anything about deed of restrictions,'' Turner said.The association ordered him to move the boat off his lot, but he refused for several weeks. After a number of warnings, the association filed suit in Osceola Circuit Court.Turner won, but the association is appealing to the 5th Circuit Court of Appeal in Daytona Beach.Turner's home burned to the ground March 23 in what he believes was an accidental fire.
Even though the house was destroyed, the association plans to continue its appeal.''At this point, we have no plans to drop the case,'' association attorney Sherri Hussey said Friday.''They're kind of ruthless. They'll prosecute you to no end,'' said Turner.''I've been all over this country. I've never seen anything like this anywhere else,'' Henton said of the restrictions and their aggressive enforcement.Tony De Palma, manager of the association, said the rules are tough but fair and are enforced evenhandedly.''People don't like restrictive covenants,'' he said, but he said most residents support them because they keep the subdivision attractive and property values up.The rules were created by the subdivision's developer, first GAC Properties Inc., which went bankrupt, and now Avatar, which has amended them several times.The association's board of directors can make changes, but the process is weighted against residents.Avatar controls four of nine seats on the board, and Priscilla Carter, board president, said any changes the board suggests face final approval by Avatar.''
People always say, 'You're bitching. Why don't you go to the meetings.' You go, and they don't listen,'' said Henton.''When you go to talk to somebody about it, they talk down to you like you're dirt,'' she said.''We need some sort of restrictions, but a lot of these deed of restrictions go against an individual's right to live their own life,'' said Palmieri, president of Poinciana's homeowners association, which is unrelated to the Association of Poinciana Villages.''Out there, the times are changing,'' he said. ''They've just had election of AVP board members, so hopefully, there'll be some changes.'' Lottery results for Powerball, Florida LottoLottery results for Powerball, Florida LottoDo your homework before painting or sealing cool deckPuerto Rico birth certificates: How to get a new oneLottery results for Powerball, Florida LottoLottery results for Powerball, Florida LottoLooking to Buy Primo Komodo Ceramic Grill/Smoker Looking to Buy Primo Komodo Ceramic Grill/Smoker