Bike riders who used to travel on the Hollywood public path say they think there is no danger and the condo put up the signs and fencing to keep people away.
If it is a Public Pathway and the City did not place the signs, just take them down and carry on. They can't arrest someone for trespassing on a Public Pathway. Is someone going to run out of the Condos and speak to you in a stern voice ? It is not official and so not enforceable.
@@DxModel219 The contract is from over 20 years ago, I am sure that this will change that agreement. Still not right of them to have the agreement and then refuse to follow it.
@@ericjones9725 They would claim destruction of property. I saw a post that said something about returning it to its owners via the pool. That resonates with me. 😁
I’ve seen too many a-hole homeowners doing this. They put up “Private Property No Trespassing” signs 75-100 yards away from their own backyards that are adjacent to a state park to stop people from using a wooded trail that belongs to the state. The entire area is a part of a state park and all of the trails are state’s property (There is even a map that shows it), but when a few residents are allowed to build their homes adjacent to the park the residents try to cut people off from using part of the park that is close to their homes. They treat a part of the public park as their own property and that isn’t right! I use it anyway because I’ve been using that area for years before the signs were put in place and I knew it is public land, not theirs. Other people do the same as well.
"Maintaining the path is an unfair burden on the residents" - well, tough. That was the price of getting agreement to build the condo in the first place.
I believe the developers was the ones that entered the agreement and not the owners. Often they might might not know that they own it or need to maintain it. These several videos on RU-vid where people learned they legally own a cemetery on their property and there are family members wanting to visit or have their loved ones buried there.
I Agree. WPLG Local 10 needs to retain a new legal 'expert'. The right of way maintenance agreement between the developer and City was in all probability placed on the title of each condo. When such a notice and agreement is placed on the title of a property, the individual purchasing it is accepting that agreement. In this case, I would be looking closely at the role of the management company. Have they been charging a maintenance fee for the pathway and then pocketing it? Essentially, they don't have a leg to stand on. It really comes down to how aggressively the City wishes to pursue the matter.
@@brianhaflin9799 they have an HOA, which is started by fhe developer and supposed to take over any responsibilities of the developers like this, their HOA is the one that had all this crap put up, besides its what the home owners agreed to when they bought the property
This EXACT same thing went on in my town up in Santa Cruz County. Several beachfront property owners blocked a public access pathway in front of their homes for years. After they were forced to open it up, residents of our town made a point of celebrating for a few days right in front of their houses. It was awesome.
Near where I live a rich landowner decided to do the same thing. Legal advice from lawyer - get some boltcutters and cut locks. Done. No more problems.
we did exactly that when homeowners put up fake signs and a fence to block off public access to the beach in Tacoma since they didnt like divers parking and walking down. we ripped the thing down and later the state put up sign public access and cussed out the homeowners.
This sleazy condo association needs to honor the promises that were made in order to build these buildings. Someone needs to kick down that illegal fence and signs.
Just threaten to send the city engineers in with tens of millions of dollars of heavy equipment to fix the hillside and then bill the condo (which is contractually responsible for such work). You’ll see that path open in a damn hurry.
Yes, it is a form of Littering, just as if a political posters were left in place long after the elections are over. Trash is Trash, it doesn't matter what is written on it, it is literally garbage on public lands.
@@nikolnolastname4473 it does bc the law had nothing to do with it. it wasnt something the city put up, it is a public pathway, and there is nothing anyone could DO even if someone did pass the fence. police wont remove the individual seeing as it is a public pathway and there is no legitimate danger.
There was a similar situation going on in La Jolla California, residents did not want people to park on perfectly legal curbside spaces in front of their houses, so they would buy their own red paint and paint the curb red, and the police would ticket them and even in a few cases, tow them away. At one point they did it to a reporter at a big newspaper, and he fixed them good.
They say it's unsafe, they aren't "fixing" it but agreed to maintain it? Okay. Hire someone to go and inspect it and then someone else fix even the slightest issue (go ahead and work the weekends!), and then send the bill to the condo.
Maybe there is safety or liability issues with the path and the condo association cannot have the general public on the path at this time? Coming up with the funds and getting the proper construction company does take time especially after many are backlogged due to COVID.
@@brianhaflin9799 if that was the case, then one would expect the condo residents would also be blocked form using it, and they *should* be able to easily provide proof they are working on it. ... Maybe, but I suspect that's not the case.
@@benjaminshropshire2900 That would be the way most places outside the US would do it. If you are contractually obligated to do something for the public then either you do it or the public does it for you and sends you the bill. You didn't trim your public facing hedgerow? City does it for you at 3x the cost. That tree in your front yard is hanging dangerously over the road? City will remove it at 3x the cost You didn't clear your sidewalk of snow and ice? City does it for you at 3x the cost and ohh that nice policeman over there has something for you too
@@TOMVUTHEPIMP talking about moron. If they keep doing this, it’s no longer civil. You must be a beijing biden supporter- they don’t know the difference between criminal and common sense 😂
The Condo already acknowledged it's responsibility in maintaining the path. That would make all of the condo owners complicit in breach of contract with the city, and I'm surprised that there hasn't been a daily fine assessed against each member until right of way is made safely usable again.
Someone with balls and a bolt cutter needs to take one minute and fix it. This is an eminent domain play. Also the developers agreement with the city is binding with the condo owners as it would be a part of the covenants and conditions. When the ocean front snob said shhhhh. That said it all.
No it's actually a right of way situation. Since it is illegal to obstruct a right of way without just cause then it is legal for anyone to remove the obstruction.
"Also the developers agreement with the city is binding " Yes. That is why they are playing the safety game! No one is against safety, right? ;) That is a very ingenious ploy. It takes someone smart and tough to stand up to them. Smart tough people don't go to work with a city so the city has no one with the chutzpah to call their bluff. And hey, why should they bother? City people will go no more or no less pay by ignoring or by fixing the problem?
Sounds like someone, anyone really, needs to develope the initiative to take some wire cutters to that fence, and remove it, then repeat the process everytime those privileged snots put it back up.
The city won’t do much about it. The liability from removing it and it being true, then someone getting hurt is enough to keep them away from immediate action.
@Stuart H the condo may have agreed to maintain it but the city still owns the property. Everything the city owns, controls, every employee and their actions carry a measure of liability. What they do or do not do carries a measure of liability. It doesn’t matter if another entity agreed to maintain it. If they didn’t and the city did nothing about it, the city is liable along with the condo. Maybe you should pay attention. You obviously don’t know what you are saying. I didn’t say the city is 100% liable. I said if the city removed the sign and someone got hurt because there was something wrong, no matter who put the sign up, the city *could be* liable. Most cities are extremely slow to act when liability is an issue.
A good idea to contemplate, maybe the city needs to just put the condo owners on notice, if they dont remove the barriers to that public walkway and maintain it, then the city should start proceedings to condemn the condos and have them torn down
Most that I have met hate HOA's and find them always led by some power hungry Karen that often is stealing the funds or using them to employ their families.
Pubic access denial is a problem throughout the USA. I remember several cases where landowners blocked boaters from paddling down navigable rivers that crossed their land. I’ve encountered beachfront owners who think their land rights extend to low tide. When you try to explain the difference between high tide and low tide, they get upset.
Give people a little power and it goes to their heads. It’s illegal for them to stop you from going on public land per 4th Amendment. And I use the 2nd amendment to protect the other amendments.
Me: Arrive with wire cutters. 10 minutes later, open bike path. Boom. Problem fixed. It's a public path. The condos did this illegally, so these uppity people can have their spoiled way. That snobby woman proved that. *BTW. If the fence mysteriously disappears, it wasn't me. I live on the other end of the country.
Maybe there is safety or liability issues with the path and the condo association cannot have the general public on the path at this time? Coming up with the funds and getting the proper construction company does take time especially after many are backlogged due to COVID.
@@brianhaflin9799 "Maybe... the condo association cannot have the general public on the path at this time?" You're not understanding. They don't have any authority to bar the public. For any reason. If they think they have a liability issue then they need to get their workers on it ASAP to fix it, not to fraudulently block the road.
The solution sounds easy to me, but I don't know FL law all that well. Usually when a property owner fails to maintain a public right-of-way they're legally responsible for, the city will go do it for them and then send the property owner the bill. Basically a little letter that says "Hey, Fixed that for you!"
"The cost shouldn't fall to them" Something that was clearly outlined when they purchased the property that they would have to be liable to pay. Something that should just come out of their HOA fees. Really guys. How about we just condemned the whole building , since we can't really tell what's safe and what isn't.
IIRC under Florida law, if the "public" no longer uses a path for whatever reason, after a certain time it becomes fully private property. I have a feeling that is the game being played.
@@justinallen9104 I agree with "liberals" on some things and other things totally disagree; same way with "conservatives". It is the way that "libs" do things and the real reason they are doing it. You mentioned the wall. I say put the Border Patrol agents back on the border and not impeding free travel on the interstates and highways within our borders. I see the wall as a two edged sword. Used to keep out or to keep in. Put the wall up in some places but not along the full border. I see our military fighting for our rights and freedoms and cops and politicians fighting to take them away.
@william bush No. You don't want to get charged with destruction of private property. Need just a couple of pliers and screwdrivers. Take it apart and throw it over their fence. Make sure you document everything. Before you start walk down the pathway and video it.
No need to organize a damn committee. That's the kind of thinking that got us in the mess we're in now. Just do it, go deal with the problem. I lived in California for a time and the one thing I noticed above all else is how everything seems to be somebody else's problem. I moved back home where people know better than to pull that kind of crap in the first place.
There most likely is some storm damage which whilst not a danger at present could be tomorrow, or next week. They do not want to pay for the walkway to be inspected everyday so have just closed it. I assume that they would still be liable if they put up signs warning of the risk. The city should tell them that they have to repair the damage or the city will do it for them and send them the bill.
@@dodgeplow Nope, they even stated it is PUBLIC. The condo owner (likely a company) just agreed to take care of it as part of an agreement to develop the land.
@@SilvaDreams public pathway on a RIGHT OF WAY. Read the contract they show. A RIGHT OF WAY is not owned by the city. It is owned by the property owner with an easement for public use. There is a significant difference. If you've ever owned property with an easement on it, you would know.
If the city would apply hefty daily fines until they opened it I think the condo association would have a change of heart. Besides the path doesnt seem to be so close that it impedes their privacy
this reminds me of something that happened at the beginning of Quarantine a street nearby to where i live put up street signs that said the road was closed on both sides of the street and they didn't have permission to that and after my brother called someone and they confirmed that you could drive through the road my brother wasn't the only one who made this call either so we would drive through it because it was the fastest way home and every time we did we would see the entire neighborhood outside having multiple barbecues, swimming in some inflatable pools while there was a group of kids riding their bikes around while they all gave us some of the meanest looks ive ever seen a week later when we were driving by we saw the sign bent and torn up on the side of the road
My neighborhood park was fenced off....by a building that counsels mental health....for adults! Yea they fenced and locked a whole park simply because it's adjacent to their parking lot. Trust the neigborhood parents are pissed! What kind of selfish *business* takes a park away from *kids* ? Losers. Thus, I'm feeling the annoyance with this particular story! 🙌
And you aren't taking any action if it was done illegally? The park is still closed because you're just sitting on your hands. I don't mean to sound harsh, but that's what it takes sometimes to get something done.
I wish I lived in this city just so I could ride my bike over there with a backpack full of tools, to carefully dismantle all fences and signage, then bundle it all up with zip ties and a logging chain, and padlock it to a post.
I have another solution. Since it is such an unfair burden, then I guess for the next year, it should be "under repair" 24 hours a day, 7 days a week with very loud equipment and bright lights on the beach (wouldn't want to tresspass) pointing toward the building. Oh yeah, and every construction crew always has music playing. Also, the pool and building need a certified civil engineering report that they are not being compromised by the same erosion and liquefaction, in the meantime, it is deemed uninhabitable! Edit: also, anyone caught crossing closure barriers is subject to arrest!
Just so everybody knows if you wanna use that path just remove the fence it’s blocking public property..... That’s like someone literally blocking the sidewalk you can’t do it
LOL! Thank you Chris for making me laugh. In Chicago the city blocked part of the lakefront for reconstruction before 2020. No one is ever there working so people just pulled the fence through the dirt a bit and walk on through. I think the condo in Hollywood and the City of Chicago are just taking advantage of this emergency situation to pull this crap!
Reminds me of people that block parking on a public street with lawn chairs or trash cans.. I stop in the street, get out and move them and then park in their prime parking spot.
I’m not afraid to go take everything down - the condo can’t do anything about it and the police have no right to arrest me for simply accessing public property. So long as the signs and fencing that belong to the condo are not damaged or otherwise stolen, and placed back on condo property there is no crime.
I live in Michigan but I would be more than happy to show up with a Sawzall, Stihl gas chop saw, and a engine drive welder and compressor that can be used as a plasma cutter or for carbon arc cutting.
A lot of the time it doesn't look like there's erosion. People walking on that path constantly could be ruining the structure underneath the sand. If they should be maintaining it they should replace it completely
The US should take heed to the UK Public Rights Of Way. I had a Pathway through my farmland and anybody could use it at anytime. That Pathway had been there since antiquities. Never a problem.
It is NOT an "unfair burden"; it's a burden they signed on for when they purchased their condos - like roof replacement and janitorial staff for public areas, it's part of the costs of the residence. Nothing "unfair" about it - except to the public, because of their actions.
Couple questions.... who is liable for injuries if a member of the public get injured while using this "right of way". I also heard that the developer is required to maintain it... and they had agreed to this as part of the zoning for the development. Soooo... why they harassing the residents instead of the developer?
they tried that in Bellair Florida on a few public walkways to the beach. people just tore down the signs and used them. They even closed Public parking by parking a work truck in the drive and had a sign saying the parking lot closed for months before the city would do anything about it. anyone that drove around the truck would get towed by the condo mangers
The towing company becomes liable for towing illegally (theft essentially) and whomever called them had to claim it was private property - a fraudulent misrepresentation. Someone perhaps have played their own game and had the truck towed. It may even have been a fire marshal issue if that blocked access for firefighting.
It doesn’t matter how much it costs the condo owners to maintain the right of way; maintaining it was a condition of the original development approval agreed to in 1995. The condo needs to get the cheque book out and repair the path, then raise a levy from the condo owners to pay for it.
This is in California, the state were home invaders have more rights than home owners and were if you hurt the condo association feelings they block your "right" of way. I'm sure if they saw someone removing that illegal sign they would call the police and they would be happy to arrest that person.
Just take down the fence and the signs and put them up at the front door of the effin condo! Then tell the Karens and Kens in the condo to pay you for doing it! This will of course irritate them to no end which is the idea.
I kind of wish I lived near this, I think I would find great entertainment in just going down there everyday and tearing the sign and fence down so I could walk through, maybe even do the good citizen thing and remove the trash to the dump every week or so.
