On 19 March 2021, Cypress Head property manager (L.B. of Campbell Property Management Company), a City of Parkland official, and the children's butterfly garden homeowner met to discuss the fate of the children's butterfly garden in Cypress Head. The city official, to his credit, seemed to try very hard to resolve the matter. However, it appeared as if even he was surprised that the Cypress Head HOA and property management company FAILED to provide any corrective action in writing to the homeowner other than some vague violation notices all of this time. No photographs were ever e-mailed and/ or post-mailed to the homeowner except for one small and grainy image. It was so grainy that nothing seemed discernible. Furthermore, the image included some palm trees that weighed a few thousand pounds and trees that were at least five years old. It seemed obvious that no one, not even the City official, was capable of determining what was in violation.
L.B. tried to defend the position of the HOA and management company by stating that she had photos that she was unable to supply the homeowner due to Florida Statutes. However, there was NOT one email or phone communication over the last 6 months where she stated this statute. The homeowner was repeatedly promised these images. The Florida Statute was, incredibly, used only in reference to some curbside fronds that related to another homeowner (and a violation notice for the butterfly garden homeowner dated17 February 2021). In summary, the statutes were quoted in terms of a request for information concerning another homeowner and not one's own photographs in Cypress Head.
According to the property manager, everything appeared to be in violation. She repeatedly stated that no application was filed on the side of the home. However, in the absence of photos of the ENTIRE side of the property, it was unclear how she could claim that everything appeared to be a new planting. Seriously?
Importantly, upon receipt of the 24 November 2020 violation notice, the homeowner met with the property manager (L.B.) and an ARB representative (J.W., the vice president of the Cypress Head HOA) on 11 December 2020. At no time was there indication that any trees and/ or plants needed to be removed. They asked the homeowner to submit a side site plan. She was told that this was necessary for them to have an inventory of what was now on the side property in case any alterations were to be made in the future. A side site plan was NOT required of every homeowner in Cypress Head. The homeowner was purposely misled. (Clearly, it was a ruse for them to claim that THE WHOLE BUTTERFLY GARDEN NOW NEEDED TO BE DESTROYED.)
Never mind that more than 15 rare and endangered butterflies are attracted to the garden that is certified by the county and National Wildlife Federation. Never mind that an application is pending with the state for state certification. Nope. This butterfly garden now needs to go.
"It all needs to be ripped out." L.B. told the homeowner each time that she requested ways to save her children's butterfly garden over the last six months.
Meanwhile, SIX MONTHS AFTER the homeowner received the first violation notice, there was NO CLARIFICATION, NO SPECIFICATION, AND NO CLEAR EVIDENCE OF ANY VIOLATIONS from both Cypress Head and Campbell Property Management Company, despite repeated requests by email AND telephone for this information. Therefore, there was NEVER any way to know OR to correct what was claimed to be in violation. According to the Covenants, after a certain period of time lapses, these items become grandfathered in.
In a good faith attempt to immediately resolve this matter once and for all, the butterfly garden owner offered to immediately remove flower beds per corrective action of violation notice of 24 November 2020, on the spot. "Let's go, L.B. I'll take the flower beds out now. I don't care anymore. Everyone in this community knows that this is what the Cypress Head president and Board want- to destroy this children's butterfly garden. I want us to close this matter now. Please show me which flower beds to now remove according to the violation notice corrective action of November 24, 2020." The Campbell Property Management Company representative, L.B., refused to agree to this. She refused to respond. Her refusal also seemed to astound the City of Parkland official, especially since L.B. was unable to produce any specification of items that required removal, despite the homeowner's written requests for six months as well as L.B.'s emailed response to supply it (4 January 2021 email from L.B., "Tomorrow I will photograph and document the specific areas that are not approved by the ARB."). It now all seemed like a game and an intentional delay tactic to perpetually keep the violation notice mill running and the ARB meetings working. L.B. also refused to show the City of Parkland official and the homeowner the three photos that she claimed were the only photos on her cell phone that showed the violations. Furthermore, these photos were of a small section of the butterfly garden. How could she claim that there were additional plantings if she truly lacked the photos to prove such claims? *
[Notice that 14 days are given to correct the violation. How can any resident correct a violation that is intentionally vague AND one that is not specified? This is the "Correction Required" for the 24 November 2020 Cypress Head violation notice, the only correction issued to the homeowner. How does this small section of the children's butterfly garden morph into almost the ENTIRE butterfly garden and beyond? This seems to be an ALARMING pattern with the Cypress Head HOA and Campbell Property Management Company. Information that homeowners need to effectively and quickly respond to violation notices appears to be intentionally withheld to maximize emotional and physical costs to homeowners. We expect L.B. to red tag almost EVERYTHING for immediate removal in the children's butterfly garden on Monday, 22 March 2021. This CANNOT be allowed in Cypress Head or in any community as it appears to infringe on the rights of all homeowners.]
L.B. suddenly mocked the homeowner for using coconut mulch (a zero waste product). She falsely claimed that the MULCH consisted of projectiles. The homeowner quickly reminded her that coconut mulch was lightweight compared to other projectiles in this community. In fact, the heaviest projectiles were visible all over Cypress Head where unsecured bricks and blocks were used to border planters. She was unable to explain why the real projectiles, bricks and blocks, were permitted in this community if she was so concerned about projectiles.
She then seemed to falsely claim that there needed to be hedges installed in different shapes all over the property, including areas that were not part of the children's butterfly garden (or the subject of the 1 September 2020 and 24 November 2020 violation notices). This newly invented proposal would cut off light to the butterfly plants and trees and pose potential safety threats to others. There was NEVER any indication and/ or specification in writing that a hedge was required to correct the violation notice.
"Is Cypress Head now a retirement community? It no longer seems like
a child-friendly community!" the butterfly garden homeowner responded today.
The City Hall official continued to try to work out a reasonable and expeditious solution to this ongoing dilemma. However, it appeared as if the HOA and property management company were inventing new rules and corrections every step of the way. It was very frustrating for the homeowner and her children. First, her children's butterfly garden was the subject of "environmental targeting", that is the subject of violation notice after violation notice in response to an innocuous post on butterflies on NextDoor
(1 September 2020) and a community survey (24 November 2020). Now it was the subject of INVENTED corrective actions. The HOA and property management company demanded that the homeowner either remove nearly EVERY flower bed, plant, and tree in the children's butterfly garden OR face thousands of dollars in fines. Alternatively, the HOA and property management company offered an option for a hedge at the owner's expense to keep a small section of the butterfly garden intact. This hedge, that they proposed, needed to be a length, height, and location that they invented. This hedge was NOT required according
to the Covenants. This hedge that they proposed would cost several thousand dollars
to the homeowner!
Pick your poison, Cypress Head butterfly garden homeowner!
The homeowner was then told that she needed to submit yet ANOTHER ARB application.
The homeowner expresses serious concerns that these applications will be rejected again. The ARB continues to be micromanaged by the the long-time president of Cypress Head and other double-dipping Board members. The process seems flawed and biased from inception.
Here we go again. The homeowner was given until Tuesday to submit two applications (for two options) to the ARB. She was told that the HOA was prepared to take legal action against her if she does not comply with their demands.
Expect more predetermined outcomes in a kangaroo court. Stay tuned, folks.
Campbell Property Management and the Cypress Head HOA plan to step on the homeowner's children's butterfly garden and red tag EVERYTHING now.
The Cypress Head HOA long-time president, HOA, and ARB now seem determined to flex some more serious kangaroo muscle to DESTROY THE ENTIRE BUTTERFLY GARDEN.
Where is the compassion for children and butterflies in Cypress Head?
Is Cypress Head really a child-friendly community?
Why are the Covenants NOT being followed and respected in Cypress Head?
Folks, it now REALLY seems as if the butterflies, plants, and trees might ALL die and elementary school aged children are UNWELCOME in Cypress Head if this HOA president, Board, ARB, and management company have their way in this existing garden.
This appears to be a serious ABUSE of power.
This is a HUGE concern to EVERY resident in Cypress Head and Parkland, especially since this butterfly garden homeowner is bullied and censored online in Cypress Head NextDoor and in Cypress Head ARB and Board meetings.
The days of the children's butterfly garden in Cypress Head are now numbered.
Expect many butterflies to die if the Cypress Head HOA gets their way.
Please call and email your support for the C. children's butterfly garden
in Cypress Head that now faces destruction in Cypress Head, a premier community in Parkland, Florida. Tell them that it cannot be destroyed. Thank you.
MAYOR RICH WALKER 954-757-4127 (rwalker@cityofparkland.org)
BROWARD COUNTY VICE MAYOR MICHAEL UDINE (mudine@broward.org)
CYPRESSHEAD 954-753-7900
CAMPBELL PROPERTY MANAGEMENT 954-427-8770
The destruction of this butterfly habitat cannot be allowed to happen in Cypress Head as it sets a negative precedent for other HOA communities to follow. Thank you.
We must NOT allow the Cypress Head leadership, HOA, and management company
to destroy children's butterfly gardens.
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* UPDATE: 19 March 2021 at 23:38 EST: A paragraph, "In a good faith attempt to immediately resolve this matter once and for all..." and an image (and caption) of a section of the violation notice of November 24, 2020 were added. Please note this update. Thank you.
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