FOX 4 WFTX - Cape Coral, Fort Myers, Naples News, WeatherGetting the boot
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The fight is on in one Cape Coral community after some residents say they're fed up with all the rules. In Heatherwood Lakes, people's cars are getting booted so they can't drive them. Now one attorney says he's ready to sue. Car after car is getting booted just because a driver misses the driveway by a couple inches. "The front tire was sitting on the grass a little bit," said Anthony Petrocelli. "It's only in the grass like an inch and a half and I had no idea there were any rules or anything like that," said Shane Tucker. The fee to get the unwanted accessory removed is $160. "I didn't think one tire being on the grass over here would constitute someone being able to boot you," said Petrocelli. I went straight to the Vice President of the homeowner's association to find out what gives. Curt Randall tells me he notified all residents about the rules. Marisa Mendelson, Fox 4: Is it fair to boot a car if just one tire is slightly on the grass? Curt Randall, Heatherwood Lakes: I can't speak to whether it's fair or not but you have to specify things. You can't say it's okay to be 4 feet out in the grass because if someone's four-feet-one, they'd want that changed. They booted Erik Metzler's friend Wednesday night when he stopped by to visit. Metzler says he heard about the parking rules but not the specifics. "I thought it was for the right of way grass, not for a tire missing the driveway," said Metzler. I got a copy of the HOA rules. They say a vehicle's tire can't touch the grass. Marisa Mendelson, Fox 4: Is this a rule you might consider changing? Curt Randall, Heatherwood Lakes: There have been discussions with regards to changing specifics but you have to set boundaries somewhere. One attorney isn't waiting. His nephew is one of the people who got the boot and now he's filing a lawsuit. "I can't tell you now whether what they've done is illegal but I can tell you to me, as an attorney, it's unconscionable," said Scot Goldberg. The HOA says the company that patrols the grass comes by as many as five times a day. The HOA adds that the residents voted on the new rules and the association doesn't make any money when a car is booted. MARISA MENDELSON
mmendelson@fox4now.com
