I live in Estates of Great Bear Golf Community in PA. Since I bought my house in this community in 2005, the present board members added so many bylaws which we can not live in peace.
In 2007, my landscape plan was approved with condition that 4 inches or more in diameter of a tree, needs permission to cut. Since many people got approved and cut trees in my neighborhood, I ask the board to give me permission. HOA board members told me that they believe there is wetland in my backyard and told me to get survey map for my land and directed me to the original land surveyor. No one called for a month and could not get the map. Either Landscape approving committees did not know where to get the survey maps. Later I cut the trees, then the president of the board told me that I could have gone to the Township to get it. I told them that I do not have wetland. I have wetland easement.
I told them I need to cut the trees and finish my landscape job since I have waited for 8 months after my plan has been approved. They told me I have to mark the trees in order to get permission. I said I can not mark the trees because there are rose thorn bushes everywhere and I can not access near the trees. I said the trees need to cut are located from left boundary line to right boundary line on my backyard property and that I will keep 2 dying Bruce spruces which I will protect. I showed the paper came from certified tree specialist for Northeast PA recommending cutting the trees because all the trees are going to die eventually because of many poison ivies and vines are choking them. I saw that was happening too and some trees were growing close to Bruce Spruces and the tree lost half its body. The board said HOA has no authority to give me permission paper and I should go to EPA. The many weeks later management office told me it is DEP (Dept. of Environmental protection agency). DEP states that I can cut trees as long as I do not violate their rules and regulation and they will not issue a permission paper.
Board said they need DEP's approval. I told the board that it is all on DEP website. If they are the landscape approving committee and have right for final authority, they should have called DEP and find out these laws in order to approve my tree cutting. Continually the board was harassing me and will not release the paper. At this point I needed to cut the trees since the Board told me they do not have authority on my land for giving permission paper. Winter was coming and all soil was washing away in my land. Therefore I finally cut three trees after they gave me run around for 10 months. The board accused me for cutting 8 trees without their permission paper and they send me a fine for $2400($300 per trees). Trees were not 4 inches or larger in diameter and some bushes had thicker truck at the bottom and the board counted them all and harassed me continually that it was 8 trees. After they sent me a fine for $2400, I tried to settle thier accuse "I have violated the bylaw”. Even I feel that I did not do anything wrong, I gave offers to pay $500 fine and I plant 5 trees or I pay $900 for tree trees so that we do not go to court for this issue. Later when the board was frustrated that all government agencies did not issued violation summons, the president of the board went to the Township personally himself and requested to zoning officer to take a look at my property and give me a summon for violating Zoning rules. The township zoning officer said that he could not issue a summon because I did not do anything wrong. Rather he said he loves what I did. My landscape is beautiful. I improved my community and increased the value of my community and town. He loves to have me as my neighbor! The board did not accept any of my offers persistently. The board said that I got the fine because I did not mark the trees. I said "How can I go to my wetland and cut the bushes to reach the trees. Are you telling me to go into my wetland and cut bushes without authority from DEP? You, the board told me not to touch anything in the wetland because DEP has authority but I should cut everything and mark the tree for you? One of the association member said that she was permitted to cut the tree without marking the trees! The board was setting me up for lawsuit and they determine to take me to court purposely. Now the board filed $10, 855 for cutting trees and lawyer’s fees. Therefore I am now suing them for discrimination.
Many of neighbors are violating the Bylaws but the board is not doing anything towards them either for those who has wetland or wetland easement(Like me) cleaned up without submitting the landscape plan (This is against our Bylaw) and the board is not doing anything to these people. Also one neighbor who is located next to the board member‘s house has wetland easement, the board gave her a permission to cut the tree without telling them to go to DEP! We also have bylaws that we can not put up fence unless drastic hill or swimming pool But some member put up fences without submitting landscape plan. When this fact was confronted with president of the board, The board said they look pretty and I am not going to ask them to take it down!
I feel that they are violating my rights. I am a woman, minority, and I do not have a husband like most of them in my community. Who started this harassment were 3 white board members in 2008. If you go to www.lawsuits-estatesofgreatbear.com, you will see the petition filed in court in this present moment and we are battling now. All board member are listed in this petition.
Great Bear golf community homes were built by Toll Brothers and original developer by the golf course owner, Keystone Hollow corp. Toll brothers advertised this community as “A beautiful private gated community”. I believe the golf course owner and our president of the board are closed netted and this board member is play power incorporating with power of rich golf course owner who probably knows judges and town authorities. Did I ever know that this will turn out to be horrible and terrifying experience living in a Toll Brother’s community with restricted, frustrating, terrible bylaws?
Since we are locked into this private golf course, the board is creating all kind of bylaws which we do not have freedom to live comfortably in our own land. All board members do not have children and all children’s entertainment things are prohibited. Anything it may look colorful, can be seen from Golf course, and even our cars can not be parked in our own drive way! We can not even use our garages for storage! The board member said After I cut trees I can see you from the golf course. So I said SO WHAT!
Although many members violate the bylaws, they get away with it because the board is playing bias and favoritism because all of these people have a household who is man or lawyers. Maybe even board members are bribed by the golf course owner. This will be invested by my lawyer. I asked all association members to vote for fair settlement: I pay half of the fine and association pays the other half and all parties pay their own lawyer’s fee and get out of the court room. The board refused and all members do not want to vote and let this lawsuits continue. I asked cooperation from all members since ASSOCIATION, Plaintiffs are all member who reside together in this community and they are suing ME! Also all lawyers’ fees were coming out of all members’ pockets. All members do not want to go against the board’s decision “HOA will pursue this lawsuit against me”. Seems like all members kissing the board’s bu… You know what I mean.
I feel that I definitely have been harassed and discriminated. I need a brilliant lawyer to file discrimination/Harassment case against the Association and do publicity and make sure that no one should abuse anyone in private communities because a person is a woman, attractive and successful single woman, single woman living in a couple setting, woman who is a minority, etc.
I am filing a discrimination/harassment lawsuit against Great Bear Golf Community Association very soon. I am all stressed out. I can not live in this terrifying environment. My quality of life went down. I can not work. There is so much damage in my life since the board started to harassing me. This was my dream setting. Now I do not know where to go. Need broadcasting, media teams, brilliant lawyer who can bring a big lawsuit case against this association. I want to make sure harassment and discrimination do not happen through out the country. A Judge who is an authority in PA said the board members are sitting who are bullys controlling, abusing, and harassing many people around here. It is becoming a huge problem in Northeast PA. If you have any idea on this please wrote to me.