Gateway Sun

The president of the Daniel’s Preserve HOA literally could not contain himself when it came to restricting the rights of the homeowners who live in his community.

“I promised myself I would keep my fingers off the keyboard but I just had to address one or two points made,” said Paul Mazurkewitz, who went on to offer a lengthy explanation as to how he thought it was a good idea that if anyone purchased a property in Daniel’s Preserve, they wouldn’t be allowed to rent it until they’ve owned it for at least two years.

It’s an unprecedented and (until now) unheard of restriction in Southwest Florida.

That change is one of several that Mazurkewitz is encouraging Daniel’s Preserve homeowners to approve at a meeting on August 27, 2018.

Mazurkewitz is also keen to cap the number of rental units available in Daniel’s Preserve … but with a twist.

If the community reaches the proposed upper limit on the number rental units, and a homeowner has a tenant who decides not to renew their lease, that homeowner can’t just put the house back up for rent. Instead, that house would go to the end of the community’s proposed waiting list, and it would have to sit empty until enough other leases didn’t get renewed that the house in question worked its way through the list.

I could see a community limiting the number of rentals by a certain percentage, but the homeowners who have been approved to have their unit become a rental should be able to rent out their home again immediately if their tenant leaves.

How could anyone think a “go to the back of the line” rule was a good idea? The financial ramifications for some homeowners are absolutely mind-boggling. Imagine your renter decides not to renew their lease and you have to sit with the house empty for a 8 months or a year or whatever. And you would have no control over it.

Is this waiting list rule actually a thing in other communities?

Whether it’s a thing in other communities or not, it isn’t a thing in Daniel’s Preserve as of right now. So why would anyone voluntarily surrender their own rights like this? Why would anyone be in favor of giving away their neighbor’s rights?

The good news is that 2/3 of Daniel’s Preserve homeowners would have to vote to approve these changes to the community’s governing documents, so it’s a pretty high threshold.

Let’s hope that most of the homeowners realize that personal or financial circumstances can change — maybe even some day for themselves.

And in those moments of hardship, having some flexibility with a very expensive asset could come in handy.

So from the sounds of it, the Silverlakes board is going to get a verbal ass-whooping at their HOA meeting tomorrow. If you go, send me pics.

I have no idea how this vote will go down in Daniel’s Preserve, but I hope it fails spectacularly and that these two incidents will act as a reminder to HOA boards what they’re actually there for.

Many HOA board members run on the promise to serve, but after being on the board long enough they start to feel it’s their role and right to govern.

These two latest incidents in particular show you just how important it is to vote in the elections, ESPECIALLY if you have a candidate you actually support.

In case you did not read yesterday’s article… over the years we’ve been forwarded (sometimes leaked) HOA voting results. Only about 1/3 of the votes are usually cast.

That means one thing: change is possible in ANY community in Gateway, as long as the people actually use their votes. Any HOA board can be completely swept out in just one election cycle, as long as people in the community step up and run for the board, and the homeowners cast their ballots or proxies to vote for the right people.

About Jeff Kuntz

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Editor of the Gateway Sun and owner of restaurant delivery service Florida Food Runner.

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