August 21, 2001

By AHRC News Services
Copyright AHRC News Services

Little Michael and Matthew spend many happy hours in the playhouse at their home in Mission Viejo. All this may come to an end abruptly. The board of directors of the homeowners association in which they live (Pacific Knolls), Merit Property Management, the largest homeowner association management company in California, and the law firm of Cane, Walker and Harkins, are demanding that their parents tear it down immediately. Otherwise, they face fines and legal action.

The parents, Frank Zona and Peri Muretta, built the simple playhouse in March 2000. As many other homes in Pacific Knolls had prefab plastic playhouses and storage sheds, it did not enter their minds that they had to apply for approval from the Architectural Committee. Frank said that his children's playhouse is not visible from the street, while many other playhouses and storage sheds are.

On October 31st, 2000 – 7 months later – they received the first warning letter from Bill Scales, Architectural Administrator at Merit Property Management. It stated: "You are in violation of Page 51, Section 2 of the CCR's which requires that all exterior medications or additions be submitted and approved prior to installation"

Letters then began to flow back and forth. No fewer than 4 Merit employees were involved, and then the law firm of Cane, Walker and Harkins. Frank and Peri went to at least 2 board meetings, and stressed to the board that they wished to resolve this issue. They asked the board to let them know what changes, if any, were needed.

Instead, on June 27, they received another threatening letter from David Cane of Cane, Walker and Harkins. He charged that "the playhouse is constructed of untreated raw wood, and is (sic) does not give the appearance of planned, designed, or finished construction." He further charged that "the overall unfinished appearance of the final product will be detrimental to the appearance of the surrounding area of the properties as a whole, and is not in harmony with the surrounding structures."

Frank and Peri along with their 2 children wrote to the board of directors on July 23, stating that the homeowners of Pacific Knolls did "not want to have their hard-earned money wasted on several-hundred-dollar-an-hour-attorneys to write threatening letters, especially when we have expressed a desire and willingness to resolve the issue."

On August 17, Pacific Knolls demanded that the Zonas "remove the playhouse within the next 10 days. The Board has instructed our office to turn the matter over to legal counsel for further handling if the playhouse is not removed."

Earlier this year, the nation was shocked when a homeowner association in Florida threatened to fine and sue a homeowner who erected a playhouse for their young child who was terminally ill from brain cancer. Ironically, one of the Zona children was almost killed as a baby by a neighbor in a hit and run accident. He was in intensive care for days, and his parents did not know whether he would survive, let alone live a normal, healthy life.

If fines and lawsuits do descend upon the Zonas, the playhouse will certainly become a payhouse.



Background :

Background: Melinda Masson is the founder of Merit Property Management. She is also a co-founder of CACM (California Association of Community Managers).

She has been the prime lobbyist behind AB 555, a bill in the California legislature that would require homeowner association managers to be licensed, and cede vast powers to her in that licensing product. The bill passed the Assembly, but after vigorous homeowner opposition, its authors, Dutra and Correa, have withdrawn it from the Senate.