Construction is supposed go silent by week's end because of a Board of the Homeowners Association rule for the Lavallette, N.J., complex that mandates a construction ban from mid-June through Labor Day.
"To have this happen in the US of A is an outrage," said Ocean Beach 3 resident Jerry Illoco.
"It's been too long. I want to go home. I want to bring my family home," Karin Stanislaski, also a resident, said.
"We are told we have to stop ... or face a $500-a-day fine!" said Joan Renda, who is rebuilding her parents' home.
Renda has one year to complete construction. If the job's not done - her parents will forfeit tens of thousands in much needed state grant money.
Gov. Chris Christie's office is aware of the controversy and said it is going to help ensure no residents lose their grant money.
Despite the ban, the Ocean Beach complex is expanding with more than 100 homes under construction, Renda said.
Jack Houseworth, the board president, said even though building continues in other parts of the development, residents like Renda must stop, "for the safety of the community," he said.
Houseworth said the summer construction ban's been in place since 1951. Residents were informed last fall the deadline would be enforced.
"With the community as small as it is starts to repopulate you tell me, Nina, where are the contractors going to park? Where are people going to walk on the roads? You can't get emergency access. You can't get garbage pickup!" said Houseworth.
Houseworth, who leads the development's three-member board, said he doesn't know how the majority of the 986 homeowners feels about the ban. Members weren't given the opportunity to vote.
"As the board, we are entrusted with enforcing the rules, regulations and restrictions," he said. "We need to act in what we thought was the best interest of the entire community."
Some residents said the board's acting in favor of renters and visitors. But with homes that have so much left to be done, some owners said they'll keep working despite the $500-a-day fine.
"They can take me to court they can bring me to jail I want to go home!" said Stanislaski.
Ocean Beach Trustees Press Release:
PRESS RELEASE
OCEAN BEACH TRUSTEES DEFEND THE RESTRICTION AND THE RULE
PROHIBITING EXTERIOR CONSTRUCTION IN THE SUMMER AND NOTIFY
PROPERTY OWNERS AND CONTRACTORS.
From: President John Houseworth on behalf of the Board of
Trustees of Ocean Beach and Bay Club
Dated: May 29, 2014
Ocean Beach and Bay Club ("Club"), like many of our sister
communities on the barrier island, have prohibited construction
during the summer season since approximately 1951. The
prohibition is in the Restrictions and in the Rules. There are
many reasons why the Club has implemented and enforced this
policy.
The private roads in Ocean Beach III are narrow and unpaved
and do not have any sidewalks. People who walk on the roads to
access the beaches and other common areas, to exercise and to go
to stores or neighbors' homes must walk along these roads.
There are many children in this family-oriented community. The
first and foremost reason why the Club restricts construction
during the summer months is for the safety of pedestrians.
Construction vehicles have difficulty maneuvering on the roads
and during the summer, that difficulty causes safety problems as
well as many other difficulties.
The roads are repaired for the summer season and the Club
has experienced particular difficulties in maintaining the roads
after Superstorm Sandy and the ongoing infrastructure work.
Construction vehicles are damaging the road surface and private
property. It is not possible to maintain the roads during the
summer if construction vehicles continue to damage them.
F:WPDOCSOCEAN BEACH & BAY CLUBCORR 2014PRESS RELEASE REGARDING SUMMER CONSTRUCTION JUNE
2014.DOC
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There have been many complaints that some contractors have
also used the private property of others for construction
activities, thus endangering occupants. The lots are small in
this community and some contractors do not seem able to restrict
their activities to the properties on which they are working.
It is also important to recognize that people who own and
rent in Ocean Beach Unit III come here on vacation and expect to
enjoy their stay without the noise, dirt, debris and disruption
of exterior construction. Nails and construction debris end up
in the roads. Construction vehicles and equipment and dumpsters
block driveways and roads, often making the roads impassable.
Some contractors have dumped debris on the beaches, roads and on
private property. Some contractors speed recklessly down the
streets. On Memorial Day weekend 2014, a dumpster with
construction debris went on fire.
If construction occurs in the summer, emergency access to
the beaches and to houses is obstructed. The Township cannot
collect garbage due to construction vehicles and equipment
blocking the roads.
In the summer of 2013, the Board relaxed the Restriction
and the Rule to allow summer construction. There were many
problems that occurred. Some of these problems also occurred on
Memorial Day weekend. Last year, even though there were limits
on the hours and days when construction could occur, contractors
violated these limits and the Club received many complaints.
When property owners purchase a house in Ocean Beach III,
they sign an agreement to abide by the Restrictions and the
Rules. At the membership meeting in October 2013, the Board
announced that the construction prohibition would be in effect
for the summer of 2014. Contractors have had adequate time to
plan ahead to make certain that they can finish exterior work on
houses. The Club amended the Rules to allow interior work for
the summer of 2014 and those who have properly planned could
have taken care to assure that their contractors performed on
schedule.
As a community, we decided to protect the safety of our
residents and visitors and to keep our private roads safe for
those who rely on the Restrictions and the Rules and abide by
them. The Board certainly does not want to see the recovery of
our community delayed. In the summer of 2013, we allowed
construction to take place throughout the summer and we
experienced countless problems. At that time there were very
F:WPDOCSOCEAN BEACH & BAY CLUBCORR 2014PRESS RELEASE REGARDING SUMMER CONSTRUCTION JUNE
2014.DOC
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few residents back in their houses. That is not the case for
the summer of 2014 and we feel compelled to protect our
community as a priority.
We often say that we have many children but none to spare.
The primary reason for restricting construction during the
summer season is to protect the children who visit this
community during the summer months.
As with many issues, there are different opinions among
residents. As a Board, we have the responsibility to act in the
best interest of the entire community. We believe that the
majority of residents in Ocean Beach Unit III prefer to maintain
the Restrictions and Rules as they have been for many years
prohibiting construction during the summer season.
The Club intends to prosecute violators under the trespass
statute and will seek injunctive relief if necessary to prevent
violations.
____________________________
May 29, 2014
John Houseworth President
On Behalf of the Board of Trustees
Of Ocean Beach and Bay Club