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Illegal Fence at 6522 Audubon Trail, Lake Worth FL 33449

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Attention Homeland residents please review and sign the following petition;

Homeland property owner’s Scott Kendal and Rani Muster located at 6533 Audubon trail steal a boat dock and related property from residence and new homeowner across the street located at 6488 Audubon trail. They then re-erected the stolen boat dock as it was their own property and have placed it on a common ground lake area located at the rear of their home.

Furthermore these criminals decided to stake claim to a 2 ½ acre piece of pristine common ground waterfront in the rear of their home and have blocked off all access to this area with two illegally constructed fences which they placed across the bridle path. (See attached aerial view)

In addition they refuse to comply with our Homeland HOA rules, bylaws and written request for the removal of these illegally constructed fences. Our Homeland HOA board of directors fails to do anything about it allowing the further devaluation or our community’s equestrian assets and eventual disappearance of our equestrian trails and common ground areas.

It is quite sad to see this type of belligerent action taken by our residents whom seemingly have no regard for their surrounding neighbors and have no consideration for our community’s best interest.

All property designated as common ground and all waterways and bordering bridle paths areas have significant monetary value to our equestrian community and should be protected at all costs.

Comments from surrounding Homeland residents;

“Someone should file a police report and have these criminals prosecuted for theft of property”

“The integrity of our horse trails must be maintained at all costs as they have inherent value especially to an equestrian community such as ours. What’s the point of living in an Equestrian neighborhood if our very own horse trails within our own community are not protected?”

“I am so fed up trying to deal with the HOA, I don’t even bother going to the meetings anymore as the current board of directors does absolutely nothing for us, even when a matter of significant importance like this one is adversely effecting the overall property value within the community.  I am now trying to sell my home as a result.”

“This is clearly a selfish act as these residents have without permission fenced and claimed this common area as if it was their own property without regard to anyone else. Its bridle path connects many of the properties behind Audubon trail. We must take down these illegal fences!”

“I have been a resident for over ten years and have two children ages 16 and 14 that love to ride their horses throughout the community and actively utilize our bridle trails. I was shocked to see that this illegal fence partition was constructed apparently without even permission from the home owners association?  In fact no notification regarding this matter was ever presented to anyone. Who do these people think they are?”

“This is a direct slap in the face to everyone that appreciates owns and rides their horses throughout Homeland community. Why should we even bother paying association fees if the HOA is unable and or  consistently fails to take any significant action to protect the communities best interest.“

Furthermore the illegally constructed front and rear fence are crooked making the entire area very unsightly.

In conclusion, we believe the theft of neighbors personal property and obstruction of our bridle paths and common ground areas should not be tolerated and all actions necessary to correct this matter should be taken on behalf of the board of directors and the Homeland HOA to preserve these and other pristine common ground areas within our community.

Litigation against these residents should be perused and all fees incurred by the HOA to rectify this matter shall be re-paid by the homeowners in violation as is clearly stated in our bylaws.

See Homeland Bylaws Page 12 of 13 paragraphs A. Duration and Remedies for Violation.

“Violation or breach of any condition, covenant or restriction herein contained shall give the association such right of action before any court of competent jurisdiction, weather in law or equity, to compel compliance with the terms of said conditions, covenants or restrictions, and prevent the violation or breach of any of them, and the expense of such litigation shall be borne by the then owner or owners of the property in violation, provided such proceeding results in a finding that such owner or owners was in violation of said covenants and restrictions. Expenses of litigation shall include reasonable attorney’s fees incurred by the association in seeking such enforcement.”

Page 10 of 13 paragraph S. Bridle Paths

Bridle Paths;
“All homeowners hereby grant an easement over any property extending 15 feet in from any shoreline of body of water which adjoins or otherwise abuts a homeowners lot for the purpose and use as a bridle path.”

Page 11 of 13 paragraph Z. Easements

“Each individual lot owner shall maintain all easement areas within his lot and located adjacent to the roadways and drainage ways within HOMELAND without additional vegetation other than grass. No trees, brush, shrub, or landscape of any kind shall be planted upon easement or right-of-way and said easements and rights-of-way shall be at all times be open and accessible to the persons entitled to the use thereof. No motor vehicles, personal property or equipment are allowed on easements for any purpose.”

If the Homeland board of directors continues to be negligent and consistently fails to act in the community’s best interest, then as Homeland residents we must vote to promptly to remove the current board of directors from office and replace them with residents that are willing to resolve these community issues.

We furthermore encourage homeowners who feel as we do to voice and or submit their comments in writing to the address below. If there is no official action taken by the HOA / Homeland board of directors, then as residents it is our duty to refuse to pay all association fees until replacements to the current board of directors are elected.

Send your opinions and Complaints to:

Homeland Board of Directors
President; Michal Miebach
Secretary; Dennis Ancruskiewicz
Treasurer; Diane parker

Homeland Property Manager; Cathy
Phone # 561-439-1433
Homeland HOA
2328 South Congress Ave.  Suite # 2a
West Palm Beach, Fl. 33406

For Larger Image please click this link (http://s8.postimage.org/r59pbhih1/homeland.jpg)


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