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Dave Starr
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Condo association sues Flint woman for putting up security door in year with record number of homicides
Published: Friday, May 13, 2011, 10:54 AM Updated: Friday, May 13, 2011, 1:02 PM
Khalil AlHajal | The Flint Journal By Khalil AlHajal | The Flint Journal
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FLINT, Michigan — Sandra Branch was sued by her condo association after installing a white, gated security door on her Flint home in 2010 — the most violent and deadliest year in the city’s history.
MCD.Armor_Door_01.JPGView full size(Matt Dixon | The Flint Journal)Sandra Branch poses next to the armor guard door she had installed at her Flint condo during a rash of killings in 2010. A judge this week ruled that Branch, 50, will have to remove the door and replace it with one that fits in better with the rest of the neighborhood. College Center Condominiums took her to court over the door, claiming it violated association rules and settlement terms of a 1989 lawsuit over a cat.
This week a judge sided with the association and ordered her to remove the security door and replace it with one that fits in better with the rest of the College Center Condominiums, which are in the city’s Central Park neighborhood.
“They’re not letting me protect my life and my property,” Branch said. “I just can’t understand that.”
Branch, whose own home was burglarized in 2009, said she won’t feel safe without it.
“You hear the sirens up the street every night,” she said. “The majority of the time, I’m home alone with a child and I just don’t feel protected.”
Members of the condo association’s board of directors declined comment, as did their lawyer, Flint attorney Charles Forrest.
“It's not a good idea to talk about ongoing litigation in the press,” Forrest said.
Branch, 50, said she installed the door at her condo in November after a double homicide — two people were shot and killed during an apparent robbery attempt — about a mile away on Kearsley Park Boulevard.
“I said, ‘That’s it. The door’s going up,’ ” she said.
College Center Condominiums took her to court over the issue, claiming the door violated association rules and the terms of a previous court settlement with Branch that stemmed from a 1989 lawsuit over a having a cat despite a no-pets rule, which was in effect at the time.
Branch got rid of the cat and agreed to abide by the rules of the condominium association, according to court records.
Genesee Circuit Judge Geoffrey L. Neithercut on Monday ruled that the door violated association rules and that her previous agreement to follow rules applies — to the door and that she’ll have to replace it with a regular screen door similar to those of her neighbors.
Branch said she is looking for a lawyer to help her appeal Neithercut’s decision.
Mark F. Makower, a Detroit-area attorney and community association law specialist, said there are a number of reasons a board of directors would want to enforce condominium rules, like the one that’s costing Branch the extra security.
He said that in addition to concerns over aesthetic and real estate value in keeping uniform appearance within a set of condominiums, liability could fall on the association if a heavy-duty door or window were to cause a fire hazard inside a home.
“There are a lot of concerns from a management standpoint in making those decisions,” said Makower, who represents many condominium associations.
“As a general rule, you make as few exceptions as possible,” he said. “The minute you start making exceptions, the question is ‘Where do you draw the line?’ ”
Makower said doors usually fall under the category of “common elements” that associations consider the property of the group, rather than the individual home owner.
“We're not talking about something that an individual owns by themselves,” Makower said. “People tend to think, ‘It’s my door.’ Well, it’s not your door.” |
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Fri May 13, 2011 1:03 pm |
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twotap
F L I N T O I D
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If something bad ever goes down and it could have been prevented with a security door I hope she sues the ass off these cultural condo morons as well as the judge. Hey Sandra get a cpl and a firearm and protect yourself. |
_________________ "If you like your current healthcare you can keep it, Period"!!
Barack Hussein Obama--- multiple times. |
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Fri May 13, 2011 5:40 pm |
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Tegan
F L I N T O I D
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This is why I will never live in a place that has a neighborhood association. Yes, it is dumb and possibly dangerous that she cannot install the security door, but if she's been a member of this association for THAT long, I would think that she knew how picky the group could be.
Plus, I would imagine that if I were in her place, I would bring up the issue of added security at an association meeting BEFORE installing the door. I would imagine that her neighbors must feel as threatened as she does, and maybe could bring about a change in the rules. |
_________________ "Preservationists are the only people in the world who are invariably confirmed in their wisdom after the fact." - John Kenneth Galbraith |
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Fri May 13, 2011 10:15 pm |
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twotap
F L I N T O I D
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Heres a photo from the journal of the lady with the door. Why would they find this objectionable??
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_________________ "If you like your current healthcare you can keep it, Period"!!
Barack Hussein Obama--- multiple times. |
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Sat May 14, 2011 7:40 am |
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untanglingwebs
El Supremo
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I agree with Tegan. Unfortunately these neighborhood associations and condo associations weld altogether too much power.
In Woodfield sub in Grand Blanc, years after the contractor put boulders around a new home, the association tried to force their removal. Also when one homeowner upgraded their driveway by using more expensive concrete, the homeowner was required to redo the drive with asphalt.
People have actually lost their homes to these ridiculous associations. Buyer beware! |
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Sun May 15, 2011 12:22 am |
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twotap
F L I N T O I D
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My wifes sister lives in a Grand Rapids association ruled neighborhood and they are not allowed to leave their garage doors open. |
_________________ "If you like your current healthcare you can keep it, Period"!!
Barack Hussein Obama--- multiple times. |
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Sun May 15, 2011 6:54 am |
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