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A HOMEOWNER has spoken out after she was jailed without bond over petty neighborhood complaints.
Irena Green was arrested after what started as a feud over minor violations of her homeowner association’s strict rules.
Her feud with the Creek View HOA began when the group’s management, the Trowbridge Company Inc., sent her notices about dead grass on the lawn of her Florida home.
The mom told ABC affiliate WFTS-TV that dry grass is common in Riverview, her Tampa suburb, due to hot weather and watering restrictions due to a recent drought.
“If you drive around my neighborhood, you’ll see there’s plenty of yards not up to par,” Green told the outlet.
However, Green said she was singled out in her neighborhood — and then the notices started piling up.
“The grass has started turning brown. So then they started sending notes,” Green said.
“And it went from the grass being brown to there’s a dent in my garage.”
On top of being cited for her grass and her garage, she got in trouble for having a dirty mailbox.
She was also given a notice for having a commercial cargo van in her own driveway, despite other residents having similar vans.
Green ignored the HOA’s requests, which led the association to file a lawsuit against her in Hillsborough County Civil Court.
The HOA accused her of violating their community appearance rules and demanded she fix the offenses.
Last July, she came to court prepared with a handwritten response to the lawsuit and a collection of pictures to support her case.
But the judge and the HOA rejected her explanations.
Green was slapped with a 30-day ultimatum to correct her HOA violations at her hearing on July 11, 2024.
During the next month, she got to work on the complaints.
“I sold my van to comply,” Green said.
“My mailbox was cleaned to comply. I bought seeds and watered my grass to comply.”
HOA attorney’s statement
Creek View HOA attorney Francis Friscia issued the following statement to ABC affiliate WFTS-TV:
Ms. Green received notices of violations. She disregarded them. Legal action was filed by the Association after she failed to accept the offer to mediate the matter, pre-suit, as is required before a lawsuit can be filed. See Fla. Stat. §720.311.
After suit was filed and final judgment was entered against her, Ms. Green showed up for the court hearing on July 11, 2024. Please see attached judgment and sentence.
At the July 11 hearing, with Ms. Green present, another court date was set by the judge for August 19, 2024. She was instructed to comply with the requirements of the final judgment by August 19 and to report to the judge what was accomplished on August 19.
Ms. Green failed to show up in court on August 19. Her failure to abide by the Court’s instruction led to the arrest warrant being issued.
This is all explained in the attached judgment. These steps were taken by the Court due to Ms. Green’s failure to comply with the Court’s instructions. This is all public record.
Source: WFTS-TV
However, Green then missed her next court appearance on August 19.
She says she never received notice of when she was expected to attend a hearing, even after reaching out to the courthouse.
In August, the judge found her in contempt of court.
He then issued a warrant for her arrest after the HOA’s attorney, Francis Friscia, allegedly requested it.
Friscia didn’t immediately return The U.S. Sun’s request for comment.
SEVEN DAYS IN JAIL
On May 23, Green was pulled over on the way home from picking her teen daughter up from cheerleading practice.
She was then handcuffed and taken to jail, where she discovered she was being held without bond.
“There was no bond. So I couldn’t even go home to my family,” Green said.
“I sat in there for seven days. Seven days in the jailhouse like a criminal.”
Green said she felt humiliated throughout the process of being taken into jail.
“It makes me feel horrible,” she told WFTS-TV in an emotional moment.
“I work hard to buy this home for me and my kids in a better neighborhood and environment.
“To be taken to jail and to be treated like that for brown grass at my own home, that’s horrible.”
After seven days behind bars, Green was let out of jail on a judge’s order — despite an attorney for the HOA opposing her release.
Frischia responded to WFTS-TV’s request for comment with a statement explaining the court proceedings.
The suburban mom was left embarrassed and upset by the messy situation.
“I definitely wish I would have hired a lawyer,” Green said.
“I think they have way too much power. I’ve never heard of anything like this in my life.”
HOA crackdowns in the US
States across the country are working to restrict the power of HOAs.
- In Minnesota, lawmakers introduced a bill that would require HOA boards to create a schedule of fines and fees and distribute it to homeowners; ensure homeowners can contest an HOA fine; provide reasonable time to correct rule violations; and outlaw the practice of charging homeowners for asking questions.
- In Arizona, lawmakers are cracking down on HOA budgets. Under a newly proposed law, HOA boards would have strict guidelines for how they approve expenses.
- In Florida, a bill was passed that restricts the amount of control HOAs have over tenants’ property. It also stops HOAs from fining homeowners for leaving trash cans out and holiday lights up.
- In Atlanta, bipartisan bills were introduced to reign in overly aggressive HOAs to protect homeowners.
- In California, a new bill requires HOA elections to be monitored and the board to comply with certain homeowner requests.
- In Colorado, new HOA rules require greater transparency between HOA board members and tenants.
- And the Federal Fair Housing Act sets housing standards for all homeowners, tenants, and landlords.
