CREATED Feb. 13, 2013
ESTERO, Fla.- An Estero man is fighting with his Homeowner Association. He says the argument started after he put in a new pool. He says this is a perfect example when the HOA has too much power.
Chuck Scariano took full advantage of his home's beautiful view. He moved into Bella Largo in 2008 and 2 years later he added a pool.
"A pool adds value to your home. I have probably the nicest view in the community," said Scariano.
Scariano says that is when things went off the deep end. He says his Homeowner Association started giving him trouble because of the area next to the door known as a "bumpout." It was not built according to approved plans.
"The door was scheduled to be right around here where this ends and I thought it would be a lot easier for my wife and safer if I added 1/2 feet to the approved bumpout and put a 40 inch door," said Scariano as he pointed to the area next to the door.
Scariano says he made changes to accommodate his wife who is partially blind. He argues other neighbors built their patios the same way.
"I feel that they are being subjective with singling me out for this."
Scariano has now hired an attorney over these pool problems. The HOA has already fined him $1,000.
"The HOA took away my rights to the gym, took away my clicker and they make me identify myself with a license every time I come through the front gate."
I took Scariano's concerns to the HOA's attorney. He says Scariano submitted plans to enlarge his lanai in 2010, but the end result did not match those plans and if a resident isn't in compliance, the HOA can suspend privileges and impose fines. In this case, both happened.
"We're hoping to mediate and then come to some type of agreement on a solution that doesn't require litigation," said Chuck's attorney, Alan Hamisch.