‘Kissing and Doing Bad Things’ : Grandmother feels lash of intrusive condo association

The case of a grandmother accused of “doing bad things” in a car parked in the driveway of her Santa Ana condominium complex now turns out to be apparently a matter of mistaken identity. The condo association has apologized, saying the woman involved wasn’t resident Helen (Kim) Garrett, 51, but rather a 17-year-old who gave Garrett’s unit as her place of residence.

That disclosure, and an apology from the association, may not be enough to head off a lawsuit threatened by Garrett’s lawyer for invasion of privacy, libel and other alleged offenses. But the incident raises the larger question of just what is the business of one’s neighbors and what is not. Here is an extreme example of how condominium and homeowner associations can overstep their bounds.

A security guard for the Town Square condominium complex said the couple involved in the kissing incident about a month ago were parked in a fire lane, which is against the complex’s rules, for obvious reasons. But the notice to Garrett, also posted throughout the complex, accused her of “parking in circular driveway kissing and doing bad things for over 1 hour.” No mention was made of the fire lane. Furthermore, the implication was that the persons involved were engaged in sex acts.

Residents of condominiums--or for that matter, apartment houses and even planned communities--must abide by rules to live peaceably and safely together. But how many individual freedoms are to be lost to proliferating homeowner association regulations? Some associations even insist on regulating paint color or the number of chairs permitted on a patio. Of course, sexual activities in public are prohibited by law. But it smacks of Big Brotherism to publicly scold behavior that otherwise was harming no one.

The mistaken finger-pointing only serves to illustrate the folly of attempting to use public ridicule to regulate personal behavior. Condominium associations need to curb the tendency to regulate excessively.