HOA Demanded I Fill In My Swimming Hole — Too Bad It's a Protected Natural Spring

HOA Demanded I Fill In My Swimming Hole — Too Bad It's a Protected Natural Spring

Chapter 9

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A hush fell over the room. Every eye was on me. I took a slow breath, letting the silence stretch. Then I stood up.

I didn't address Karen. I turned and faced the other homeowners. "My name is Mark Caldwell," I began, my voice calm and steady, projecting to the back of the room. My family and I moved here 4 months ago because we love this community and the nature that surrounds it.

We were looking for peace, not a fight." I then turned back to the board. "To answer your question, President Karen, no, I will not be filling in the natural, state-protected artesian spring on my property. To do so would be a crime."

A murmur went through the crowd. Karen's face tightened, the purple of her blazer seeming to deepen. "That is a baseless assertion," she snapped. "This is about community rules, not your wild interpretations of" I held up a hand, a simple gesture, but it stopped her mid-sentence.

"It is not an interpretation, it is a fact under Florida Statute 373.309. I have the statute right here if you'd like to read it." I reached down, but didn't open the binder. The threat was enough.

"Furthermore," I continued, my voice gaining strength, "I have an open and active case file with the Florida Department of Environmental Protection, case number 7A-4T-831. They have been provided with copies of your letters demanding I break the law, and they have advised me that the HOA and you personally could be subject to fines of $10,000 per day for this." Barry, the treasurer, went pale.

He began sweating profusely. Janice stopped writing and stared at Karen, her pen frozen above the notepad. The mood in the room had shifted from a public shaming to a legal thriller. "This isn't just about my spring," I said, turning back to the audience.

"This is about a pattern of harassment and selective enforcement. Mrs. Gable," I said, my voice softening as I looked at her, "is it right that you should be fined hundreds of dollars for garden gnomes that bring joy to you and your neighbors?" Mrs. Gable gasped, her hand flying to her mouth.

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HOA Demanded I Fill In My Swimming Hole — Too Bad It's a Protected Natural Spring

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