HomeReal EstateHeron Bay HOA backs off some controversial landlord rules

Heron Bay HOA backs off some controversial landlord rules

The new board at Heron Bay, one of Broward County’s largest homeowners associations, walked back some of the most contentious provisions of its proposed landlord and leasing rules, canceling a set of proposals that roiled owners and tenants in the community. 

The master board proposed changes this summer that some homeowners said infringed on property rights and gave the association too much control over landlords and tenants. The changes called for limiting owners to one lease per year without hardship exceptions, requiring landlord orientations for every new lease or renewal, barring tenants with rule violations from renewing or leasing elsewhere in the community and allowing the association to evict tenants who violated community rules. 

Most of those proposed changes were rolled back, and the board voted to approve a revised set of rules and regulations in a Sept. 3 meeting, roughly three weeks after the original August meeting had been deferred because the venue could not accommodate the number of homeowners who showed up.

The Real Deal was blocked from attending the Sept. 3 meeting held at the Fort Lauderdale Marriott Coral Springs Hotel & Convention Center, which wasn’t available online, but attendees told TRD that the board unanimously approved the revised changes. One board member was not present. 

The revised proposal would limit owners to one lease per year with no hardship exceptions, according to a document provided by an attendee. 

The association could still evict tenants who violate community rules under the revised proposal, but the board softened an earlier version that would have allowed evictions for infractions such as a second speeding violation.

Jim Duffy, a longtime resident at Heron Bay, said an overwhelming majority of those who attended the meeting were in favor of the board’s rules, pushing back against claims that they’re anti-landlord. 

“It’s not saying you can’t be a landlord. It’s just having tighter controls over the amount of people that rotate through here as a renter and also who they are,” he said. “We have people that have multiple units here, and it’s like, ‘Hey, this is a community where we’re raising our family.’” 

Landlords’ commercial businesses shouldn’t be prioritized over the community’s well-being, he said.

A.J. Steigman, a unit owner and landlord at Heron Bay, called the rule-change process a “sham” and said even though the “most egregious rules were immediately retracted,” homeowners have “questioned the competency and leadership running the 10,000-plus residents.”

Heron Bay comprises more than a dozen subdivisions with more than 3,100 homes across Coral Springs and Parkland. The association’s new board, which was elected earlier this year, includes Ken Gesund, Michael Curtis, Elliott Rothberg, Jessica Farbman-Price, Brian LaTorre and Jason Lumsden. 

Steigman said the board’s rules “had nothing to do with safety,” and used “frivolous violations as a pretext to evict tenants” and remove certain people from the community. 

The board’s attorney, Tripp Scott’s Matthew Zifrony, said most homeowners at the meeting supported the rules, with some pushing for additional provisions. He also objected to allegations that the board’s actions have been racist and discriminatory.

“There was absolutely nothing in the rules that was racist,” he said. “The rules apply to everyone.”

Some residents allege they’ve faced discrimination, which they say is rooted in racism and prejudice against Section 8 tenants. 

Residents allegedly posted discriminatory remarks about tenants with housing vouchers on some Heron Bay Facebook groups administered by board members, TRD previously reported. 

Lorin Shlang, a homeowner who’s lived in Heron Bay for 12 years, said the rules intend to implement “basic safeguards.” 

“Nobody’s anti-renter. Nobody’s anti-Section 8,” she said. “It’s not about judging people. It’s just really protecting the community that we’ve all chosen to live in.”

Other homeowners also pushed back against allegations of discrimination. 

“Some guy got cute and made it about racism, which was the farthest thing from the truth,” homeowner A.J. Larkin said. “There’s no more racism in this zip code than any place else.”

But a group of tenants told TRD they’ve been subject to harassment and intimidation at the hands of some of Heron Bay’s subdivision boards. 

Chasity Williams, a tenant at Heron Bay, said her subdivision’s board falsely accused her family members of violating community rules and sent her landlord notices warning that her lease would not be renewed after her family sued the board over a sexual assault that occurred on community property. 

Michelle Capaldi, a Fairways homeowner, said she received retaliatory violations and two police officers were sent to her house after she left a negative Google review for master board member Jessica Farbman-Price, who is a real estate agent at Coldwell Banker Realty. Capaldi said she eventually filed a stalking injunction against Farbman-Price. 

Farbman-Price did not immediately respond to a call requesting comment.

Another tenant in Heron Bay’s Fairways subdivision, Tawanna Nelson, said her lease application was initially rejected by the former Fairways board without reason despite meeting the credit requirements. The board ultimately reversed her rejection, along with the rejection of another applicant, who also met the credit requirements. 

Fairways did not immediately respond to requests for comment.

“They don’t want it to be tenants within the units. They want it to be all homeowners,” said Nelson, who receives housing assistance. “They’re looking at me as a person who can’t afford to actually be there in that area. I shouldn’t be in their space.”

Latesha Cobb, a tenant in the Tuscany subdivision of Heron Bay, said neighbors falsely claimed a Black teenager who jumped the pool fence was related to her children, prompting a police visit to her home and what she describes as ongoing, racially motivated harassment by residents and the HOA.

Tuscany did not immediately respond to requests for comment. 

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