There will be no evictions at Bulow RV Park at least through the end of July. The Flagler County Commission extracted that concession from Bulow park management this afternoon in exchange for a stay on enforcing county regulations against dozens of RV sites that have become unregulated, permanent home, in violation of both county code and park rules. But park management doubts six months will be sufficient for a permanent solution, and county officials are finding their powers so limited that should evictions resume, there won’t much they can do.
For years, and under the nose of management, supposedly temporary residents at the 45-acre Bulow RV Park off of Old Kings Road have been living there permanently and grafting permanent home extensions, porches, Florida rooms, stairs, garages and sheds onto their RVs, without building permits, park permits or inspections. The park is home to 320 such sites. For years, management has not been vigilant about policing the illegal homes, and has implicitly–if not explicitly, in some cases–signed off on the construction, while methodically not only allowing but requiring year-long leases.
The county, for its part, has not been vigilant about enforcing its code, letting the park grow into a subdivision in all but name: the park has its own school bus stop. If residents’ homes and status have been out of compliance, both have taken on a form of entitled residency by dint of longevity and regulatory indifference, grafting residency rights onto their properties the way even squatters, with time, legally earn rights of their own.
More recently, management for the RV park’s company, Equity Lifestyle Properties–which booked $222 million in profits in the nine months ending last Sept. 30, according to its SEC filings–had sought to evict renters who are out of compliance. Many have left. Many fear being evicted, with no place to go.
If Flagler County were to enforce its code, as it is considering doing, it would be forced to do so against management, levying fines that could add up rapidly. Management would then be forced to evict out-of-compliance tenants just to stop the bleeding.
Neither park residents nor the County Commission look kindly on the company, blaming it for turning a blind eye for years on residents who built non-complying structures, happy to cash in on their rent payments. The company turned an equally blind eye on year-round residents, happy as it’s been to cash in on the stability of year-round leases, even though by law, and by park regulations, the residents are not supposed to be there a day longer than six months. Now that the company has decided to enforce its non-compliance rules, long-time residents say they’re being made to face choices they shouldn’t have to face, given the years of regulatory neglect by everyone else.
The county doesn’t want to see evictions, and to some extent, neither does the company, whose representatives say that an empty site generates zero dollars. Neither have a clean-cut solution, because an actual solution would be expensive and agonizing. As Adam Mengel, the county’s planning director, and Bo Snowden, the county’s building official, told the commission today, most of the construction that’s not permitted, most of the time, is not going to be up to code. It would be a huge expense for the county to inspect the properties after the fact–a prospect the commission is uninterested in–and a third party inspector would mean somebody would have to pay the bill.
Then, “even the fix on this thing would be cutting the house in half,” Snowden said. In other words, problematic park residences would have to be cut up and made unlivable. So even after the six-month stay, it’s not clear how either Flagler County or Equity Lifestyle Properties will extricate themselves from a mess they both share in creating, as of course do the residents. As County Commissioner Donald O’Brien put it, “it’s kicking the can down the road no matter how you slice it, but maybe that gives a little bit more time.”
Even the park’s Stan Martin, a senior vice president in the company’s legal department, had little hope for the six-month stay. “Six months would be great, but in all candor, having done this type of work for 24 years, not sure a lot is going to happen within six months, such that the commission is going to be happy and that the county is going to be happy,” Martin said. “A year and a half is much more realistic.” Commissioners were not interested in a year and a half.
But today’s two-hour workshop at least laid out the issues more sharply than before, illustrating the difficulties ahead while giving each side a chance to speak its mind. The workshop was at times tense, and Glenn Gainsborough, a resident at the park and the only one to address the commission, reflected the prevailing frustrations after hearing exchanges between management’s Stan Martin and commissioners.
Gainsborough blamed the park for “gross negligence in responsibility for this situation,” tracing back the issue to 2007. In a wry rejoinder to Martin, who on a few occasions appeared to shed responsibility for what happened before his arrival, and who said he was in Iraq in 2007 (the kind of valor-dropping that can misfire as its opposite, when it is clearly intended as a shield), Gainsborough reminded him that many residents at the park are veterans of Iraq, Afghanistan and Vietnam. “This is such a blatant case of injustice I cannot hardly believe what I am hearing,” Gainseborough said, threatening litigation. He said at least 30 sites have people living year-round. “Nobody checks on how long you’re staying there. Nobody. They drive around every day,” he said.
There are structures that should be torn down. There are structures that are in excellent shape, he said. He invited case by case inspections–but not at residents’ expense. “Any fair minded mediator looking at the situation is going to say this is not apples to apples,” he said. If the county bears some responsibility, he said, “the ultimate party responsible is the owner of the property who has allowed these things to go on and allowed, I would have to say, millions of dollars of transactions to take place, when you look at the cumulative amount of real estate that has been bought and sold, knowing that there was an active violation that was never remedied and never disclosed to the owners.”
Mengel said that in November 2022 there were 63 sites in violation. As of now, roughly 50 are not in compliance. Martin, speaking for management, said more than two dozen have come into compliance. But Gainsborough ridiculed that figure. Those who supposedly came into compliance, he said, didn’t actually do so: “They abandoned their houses, abandoned their homes that they bought, turned the titles back into Equity Lifestyle Property, said here, you can have it because they couldn’t stand the stress of what was going on,” he said.
Commission Chairman Andy Dance put most of the blame on park management during an exchange with Martin that distilled the issue to its essentials. “This really is a property management issue, a failure of property management,” he said. “The management knows when structures are going up.” If management was driving the site continuously, it would inevitably be noticing any construction that was against code. “So I have trouble with turning a blind eye and then claiming that past management and–it’s not passing the smell test so far.”
Martin said he wasn’t defending past practices, but also begged off blame for himself, “just like you’re not responsible for something that happened in the county,” he said. “I guess you could say the same thing about the county not coming in and actively taking a more active hand in code enforcement that it’s the county’s fault because they should have seen you know, the structure is going up.”
“Well, that’s where we’re at because you’re trying to place blame on the county. That’s completely wrong,” Dance said. He was not pleased, and it showed.
“We’re not trying to lay the blame on anybody’s feet. We’re looking at how we go forward here,” Martin said.
“No, but you’re passing the buck to the residents, is what’s happening,” Dance said. “It’s now falling on their shoulders to make changes to things that have been allowed. It’s not right, it’s not fair. And this has been persisting.”
Commissioner Leann Pennington explored options toward a resolution, such as putting a temporary halt to park operations until it came into compliance. She was not opposed to a stay on county fines, but doubted that the company would promise not to evict anyone through that stay until Martin made the pledge explicit.
“We have no ability to stop the eviction which is the most concerning piece to this for me,” Pennington said. “This is gross and disgusting. If I had the power and ability to stop you from operating as a mobile home park, because you turned a blind eye to it also, I would. But I don’t seem to have that ability either. So if we’re here to make a decision on the enforcement, because we can’t make a decision on anything else,” she continued, “then I think we go through with the enforcement, and if it’s not cleaned up, we go through with a special magistrate on the owner of that property. That’s really hard, but I’m hearing that we cannot make decisions on anything that bothers us the most about this. We can’t stop the evictions. We can’t grandfather the properties and we can’t protect these people. We can’t. Our hands are tied now on this one.”
DP says
Another Holiday travel park fiasco in the making. Living in this county 30 years and nothing was and has been done about that park. Being involved with county government during my time here, an attempt was made by the county’s building dept to shut them down, but was quietly Squashed. By whom??? The only thing that came out was no building permits would be issued to the best of my knowledge. Now let’s look at this from an outsider on whom is to blame for this rv park. 1st IMHO would be the mgmt company, if what’s written is true that they ” employees ” continually rode by these illegal structures and didn’t address it with the occupants. Then it’s thier fault. But let’s spin it again in another direction. The current renter/tennant erected a non code conforming structures willingly and willfully against all codes and ordinances. And before someone says they don’t and didn’t know permits were required. I call BS. Just who (Home owners, & Mgmt) in thier right mind wouldn’t think a permit wasn’t required for any type of construction ? IE: Roof overs, carports, sun, living rooms etc: Is it the county’s code enforcement division not proactively enforcemening codes and ordinances? I know the permitting system when I was there, code enforcement had access to the data base. Or was there any calls or complaints made to code enforcement ? And just to add to the pot, although it’s in the city of Bunnell. But what about Thunder Gulch campground. That place has alot of the same structures that have been built in this location, and Holiday parks. And a hint for thunder Gulch issue, is the previous owner if bulow, used to operate thuder Gulch. It would be interesting to see who would be held liable if something major happens, or some is killed in one of these structures. Just adding more to the story that may or may not been found or told.
deb says
Holiday travel park fiasco is about to come to a head and residents are scrambling with all the additions, carports, cement slabs and structure demolition with out permits. went from a rv campground to a mobile park with zero permits or inspections let lone hurricane inspections. code enforcement is coming in
Brian says
This is how you prep the ground for some more multimillion prime real estate developing to to take place. I was wondering how long Bulow could continually remain out of the grasp the monopoly.
JimboXYZ says
This is just one example of the many reasons why the ordinances in Palm Coast need to remain in effect. Sooner or later someone always goes too far to turn their side hustle for their residential property to become a revenue generating business.
Celia Pugliese says
Grandfather the current properties limited to what they are now and do not allow any new ones. We have enough homeless and do not need anymore specially when some of those tenants are veterans. County changes codes and zonings in and out to benefit developers all the time…what about making and exception for the existing tenants and the campsite owner and forget about that partial TDC (Tourist Development Council) income that gets enough bed tax from hospitality businesses. Looks like the campsite owner is content with that income…like they say better than a vacant site with no revenue and these tenants that have put so much love in their homes do not need the broken heart and financial loss of being evicted! I saw those poor tenants mostly elderly in tears begging you: Commissioners LeAnne , Obrien, Dance, Sullivan and Hansen ,to no be evicted! What is going on how come you do not come up with a grandfathering solution by making an special exception to the code/rule/ordinance that you all allege can’t touch? Have some compassion for your fellow man. I even heard in that meeting that some tenants forced out became homeless others elderly ladies said that was their one and last home for them to afford given their fixed income. Mrs. Petitto said in that meeting that the issue was caused by the campsite owner’s and in this editorial I hear that is also the county enforcing the code. So what is really? Please have some compassion for your fellow man. None of the commissioners or any of us is exempted to have financial hardship or even fall into homelessness at a given time in life…just lets do not become the one’s at the dais empowered to cause it please! Make an exception to the code stay out and let tenants and owner to resolve it as per what I understand in this report. Aren’t you moved by :“They abandoned their houses, abandoned their homes that they bought, turned the titles back into Equity Lifestyle Property, said here, you can have it because they couldn’t stand the stress of what was going on,” What a shame that people was forced to do. Have a heart please!
Just a thought says
If the county grandfathered them in and someone was killed because of unsafe wiring or shoddy roofing, who would be liable?
Paul says
Corporate America whivh owns the campsite isn’t going to compensate these poor people….they don’t care….can’t you tell bulow took their money under false pretenses…..the park owners should be charged with fraud
Jane Gemtile-Youd says
Very sad and unfortunate that people don’t know nor are required to be given a written copy of County codes and possible violation of park and county
Codes
BY THE WAY DO THE DWELLERS PAY $85 ” ROAD TAX but pay “0$$$ property tax. If you do not own the land but only rent the land who is the fool here. .
People don’t do their homework. Very very sad and so avoidable if people did their due diligence.
The Sour Kraut says
All parties are to blame here. The tenants knowingly put up illegal structures, the park turned a blind eye in the name of profits, the county has known for years what was going on and did nothing.
Villein says
What was the department of health doing all this time? The health department is supposed to permit and inspect mobile home and RV parks regularly according state statute…
Celia Pugliese says
The tenants living in Bulow like a any other tenant pay taxes thru the rent paid to the campsite owner and also thru the gas tax paid at the pump. Look starting at minute 25.44 a a 17 years Vietnam Veteran of this Flagler County Commission of November 20th 2022 their 3 minutes pleads to the commission: https://www.youtube.com/watch?v=o3YWfivib2I. The devastation that evictions can cause to these tenants is tragic. So lets support our neighbors in fix income or below under poverty level and come up with an special exception to the code and grandfathering these properties. Stop violations notices and evictions please, as they are mostly veterans and senior citizens as you can hear one after the other.
Celia Pugliese says
As the affected resident of Bulow park affected by violations and evictions are some elderly in fixed income and some under the poverty line can be helped with free legal advise here, please contact them as they are very successful helping those in need: https://www.clsmf.org/. Local Attorney Marc Dwyer is or was a member of the Community Legal Services of Mid Florida as reported receiving a Pro Bono Attorney of the year county award: https://www.observerlocalnews.com/news/2022/jan/29/local-attorney-marc-dwyer-recognized-with-flagler-county-pro-bono-attorney-of-the-year-award/
For Real says
This is all about the $$$. The county knew this was going on for decades and ignored it. Now they are looking at all this lost tax revenue sitting out there. They will take the property over, and put something there that will generate a bunch of revenue.
Anyone remember all the people who lived at the Fish camp? County took it over, kicked everyone to the curb then left it
mis-managed for years. Now they even tore down the restaurant and bait shop. Bulow will have the same fait or very similar.
For Real
Thomas Hutson says
Bulow RV Park
Solution for the residents in Bulow RV Park is not in the power of Flagler County Government. While I agree it is disaster for the residents /homeowners in Bulow, RV Park, their problem is a civil one between the residents/owners and the Park Management Company/Park owner Equity Lifestyle Properties.
The staff of Flagler County Code enforcement discovered this ongoing problem back in 2007, Park Management was made aware of the violations at that time. Over the years Park Management decided to close their eyes to these same violations in the name of MONEY! To the point that BULOW Management sold homes themselves that did not meet specifications for the RV Park. These sites were supposed to be short term sites, with their tenants living there for only 6 months a year, not a year full time. Now after allowing the Homeowners over the years to build onto their RV Trailers in violation of Flagler County Codes, with NO permits management is looking for a way out; blaming Flagler County for not enforcing Flagler Building Codes. BULOW management allowed many of these site/trailers that were in violation of building codes to be sold to unsuspecting new site/trailer owners. These site/Trailers are private property, the land they sit on is rented/leased by Bulow RV Park. Bulow RV Park is Private Property. Flagler County does not have the power and cannot tell the property owner/Equity Lifestyle Properties or site Homeowners what to do. Flagler County Government can only issue code violations/fines against the Park Owner Equity Lifestyle Properties.
The latest action by our Flagler County Commissioners was a good effort, 6 more months extension to an already disaster, 2007 until now. We can only wait it out hopefully, by not enforcing known code violations, Flagler County has not been placed in jeopardy.
Samuel says
Who are they uurting by parking there? Just change the code and move on.
Retired says
It just not Bulow. Its every where in Flagler. No greater a problem than in Daytona North. One code enforcenent officer who is overloaded. Squaters living on land in buildings they have erected with no power or water. Dealt with one for almost two years. The put on a 60.00 fine…wow. I built my house, took 3 years blood sweat and tears. Followed all the codes got all the inspections only to have people to move onto lots without any recourse.
T-bill says
How can a county of this size have one code officer ?
Skibum says
Another fine mess this county has gotten itself into! To review… lets look back on a couple more recent piles of poo the laughingstock county commission and/or county administrators stepped into and sunk up to their ears in to humiliate themselves in public: there was the million $$$ mediation decision that went against the county in the years long Captain’s BBQ lawsuit against the county over the decrepit county owned building in Bing’s Landing county park, or how about the county’s brilliant decision to purchase the old, vacant former hospital building in Bunnell and turn it into a sheriff’s operation center that sickened a significant number of law enforcement personnel who suffered medical problems from toxic black mold problems that were present throughout that abandoned building before the county used taxpayer dollars to purchase it. Then, as if that were not bad enough, the county purchased ANOTHER bad, mold infected building in Palm Coast in a second ill-advised scheme to turn that into a sheriff’s facility, only to have to turn around and stop that fiasco from being completed after glaring problems with that building were found that SHOULD have been identified by county inspectors before the county even agreed to buy that old, abandoned building. I assume the county does have some competent, trained and regulation abiding staff and attorneys to consult and guide them through these processes where taxpayer dollars are spent and/or could be in jeopardy from unnecessary mistakes, right??? Pun intended. Well, it’s not their money that is on the table… it’s just ours. County leaders, you MUST, absolutely MUST do better than you have been doing. It makes no difference if there was a management company making the day-to-day decisions at Bulow county park. It is a county owned and operated park, and the county is ultimately responsible for whatever happens there. This latest fiasco has the potential for lawsuits written all over it due to the incompetence of county government to have proper oversight of the park’s management company in addition to completely ignoring long-standing code enforcement violations. At this point, I cannot help but wonder what the next big pile of poo the county is bound to step into up to their ears that will potentially drain even more taxpayer dollars from the county treasury in civil litigation. Unbelievable!
Skibum says
I think I misinterpreted the article, believing the location to be a county owned public park when it actually is a privately owned “park” for RV campers from my re-read of this article. So if that is the case, my apologies to county staff for the responsibilities over this privately owned piece of property that are not under county control, except for the code enforcement issues.
Tom says
The contractors who built the structures without permits and engineering should be held responsable. If they had went through the steps of requiring a permit would the county have issued them one?
Wow says
Agree with Brian. I smell a rat. A rat called “development”. Wouldn’t that property make a nice spot for riverside luxury dwellings. Not that anyone is thinking that….
Retired says
There is only one for Bunnell, Hi name is Scott. Not sure if Bulow is Palm coast or Bunnell
The REAL Concerned Citizen says
Honestly, this just sounds like someone in the county knows a developer who wants the land and is now looking for a way to cite residents through the nose and force evictions. The majority of these people are below poverty line and/or on fixed incomes. You mean to say this has been going on for years and all of a sudden it’s an issue when more pressing things like flooding due to all the development is going on? I want to know who stands to get their palms greased on this deal, don’t you??
Glen Gainsbrugh says
If you’re actually interested in the facts of the matter as far as we know them thus far, and not wild speculation and conspiracy theories, watch the County Commissioners Workshop of January 8th. Things are bad enough without a bunch of misinformation.
A Bulow RV Park Model owner.
Paul says
Seeing how the park management allowed campers to exceed the 6 month rule. Can’t that be considered fraud on part of the park. The park management allowed the residents to believe they were within their rights to live there permanently. Doesn’t this constitute fraud which would allow the county to pass this onto the State Attorney to proceed with criminal charges against the parks owners. No matter the outcome the people who bought those trailers were robbed. Corporate America has been caught trying to pull a fast one and these people need to be fairly compensated for the loss that was forced upon them. Regardless of what angle you look at this. It was management’s decision to take money for what they knew was wrong…….hold them accountable gor once……Flagler County don’t let this slide….