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SUMMARY (full version with details immediately following this summary):

My name is Jeff Neary.  I am a full-time owner in Venture Out and operate a fully licensed, resident-owned wood-fired pizza truck called Cudjoe Pizza that has served our community for nearly two years. The truck is fully licensed. insured, and complies with all Monroe County and State of Florida regulations. The Venture Out declaration, bylaws, and rules contain no prohibition on resident-owned food trucks, no ban on commercial vehicles in the overflow lot, and no restriction on using common ground for a lawful owner-operated activity.

My operation has strong community support. Each week, owners and guests line up at the TGIF area to purchase pizza, and I have donated more than one thousand dollars this past year to Venture Out-related initiatives. The business does not operate from my private lot, does not bring customers to my property, and does not involve on-site employees. It is stored only in the overflow lot and conducts all sales in VO with Recreation Committee approval at the designated location.

A small group of returning seasonal owners has pushed for my removal despite the absence of any rule violation. At the behest of some members of the Board, management has also stated that they will not renew my paid overflow parking agreement in January, even while allowing other commercial vehicles to remain. The Board President has claimed that my truck is a nuisance and that the ADA obligates the association to stop my operation, even though emissions are no different from the grills and smokers used daily throughout the park. These assertions are unsupported by law, unsupported by evidence, and inconsistent with uniform enforcement requirements under Florida Statute 718.

As a representative body, the Board must reflect the interests of the entire ownership. Selective enforcement directed at a single resident-owned, community-supported business undermines transparency, fairness, and democratic governance.

This petition asks the Board to apply rules uniformly, withdraw unsupported claims, reconsider the balanced resolution I previously drafted in good faith, and allow continued operation under the same conditions historically applied to all other food trucks. Owners may sign publicly or anonymously.

————————————————-Owners seeking complete legal and factual context may read the detailed version below.

FULL VERSION:

1. Introduction  
Venture Out is governed under Florida Statutes Chapter 718, which requires transparent rulemaking, uniform enforcement, and decisions made in the collective interest of the ownership. As a representative body, the Board must consider the community as a whole, not a narrow subset of seasonal residents. This petition concerns the treatment of a resident-owned, fully licensed food truck that has operated lawfully inside Venture Out for nearly two years with broad community support.

2. Legal Compliance and Absence of Prohibitions  
The pizza truck holds all required Monroe County and State of Florida licenses. There is no county or state rule prohibiting operation within Venture Out. The Venture Out declaration, bylaws, and written rules contain no prohibition on resident-owned food trucks, no ban on commercial vehicles in the overflow lot, and no restriction on using common ground for a lawful owner-operated activity. For more than eighteen months I have paid for an overflow-lot space under the same criteria applied to other commercial vehicles.

3. Community Support and Operating Practices  
The business is a small, family-operated enterprise owned by a full-time resident. It does not operate from my private lot, does not bring customers to my property, and does not use on-site employees. The truck is stored in the common-area overflow lot and brought to the TGIF area for service with approval from the Recreation Committee. Owners and guests form substantial weekly turnout, demonstrating consistent demand and strong support.

3.1 Temporary Use of Common Ground Adjacent to Residence  
The presence of the food truck on common ground adjacent to my residence is functionally no different from the routine use of those same common areas by other owners for temporary parking of golf carts, cars, trucks, boat trailers, contractor vehicles, or delivery services. All owners contribute to the maintenance of these common elements through their assessments, and consistent with long-standing community practice, temporary use of the roadway or frontage for loading, unloading, maintenance, or service activities is customary so long as vehicles are removed by midnight. The traffic impact of the food truck during setup or breakdown is not materially different from these everyday uses and should be evaluated under the same standards applied to all owners.

4. Voluntary Contributions to the Community  
During the past year alone, I have personally donated well over one thousand dollars from business proceeds to Venture Out-related initiatives. These donations were voluntary and reflect my commitment to the community as both an owner and a business operator, demonstrating good-faith engagement and civic responsibility.

5. Recent Attempts to Remove the Operation  
Until the recent seasonal return of a small group of owners, no complaint or enforcement action had been raised. The current push to remove the truck is not the result of an adopted rule, formal policy change, or documented hazard; rather, it is a discretionary action directed at a single owner in the absence of any association-wide restriction.

6. Nuisance and ADA Claims  
The Board President has asserted that the truck constitutes a nuisance under Chapter 718 and that alleged respiratory sensitivities or cancer concerns create an ADA obligation to prohibit the operation. These claims are unsupported by law and unsupported by evidence.

6.1 Nuisance Standard  
Under Chapter 718, a nuisance requires substantial, persistent interference beyond typical community activity. A brief wood-burning plume during oven startup, followed by clean combustion, is materially indistinguishable from the grills, smokers, and charcoal barbecues used throughout Venture Out. Selectively labeling one source as a nuisance while ignoring others is inconsistent with uniform-enforcement requirements.

6.2 ADA Standard  
The ADA does not obligate a condominium association to eliminate an otherwise lawful outdoor activity based solely on unverified sensitivity claims, especially when exposure is minimal, transient, and comparable to routine outdoor practices within the community.

7. Selective Enforcement and the Overflow Lot  
Management has informed me that my overflow parking agreement will not be renewed in January, despite my having paid for the space for more than eighteen months and despite the overflow lot being a common element funded through owner assessments. Other commercial vehicles, including work trucks and a recently parked tow truck, continue to use the same area. Denying renewal only to one owner, while collecting extra fees for the same common element, raises concerns regarding uniform access, selective regulation, and improper double-charging.

7.1 Clarification Regarding References to Other Commercial Vehicles  
References to other commercial vehicles in this petition are not intended to advocate for additional restrictions on any owner. They are relevant only because they demonstrate the long-standing and widely accepted practice of allowing commercially registered vehicles in the overflow lot under existing rules. The issue raised here is selective deviation from established practices when applied to a single owner. The request is simply that the standards historically used for all owners continue to be applied consistently, without creating new or targeted prohibitions directed at one specific operation.

8. Good-Faith Negotiation Efforts  
I met with Board members multiple times to address concerns. Together, we drafted a detailed resolution establishing operating hours, safety protocols, and liability protections. That resolution was fair, balanced, and responsive to every issue raised. It was rejected. Instead, the Board pursued a restrictive resolution directed solely at my operation while maintaining general support for external food trucks. External food trucks do not own property here, do not contribute to annual assessments, and do not participate in community governance. My operation is owned by a resident and takes place entirely on common ground with association oversight.

9. Pre-Empting the "We Support Food Trucks" Rebuttal  
The Board may argue that Venture Out supports food trucks generally and that the objection applies only to my truck. No evidence has been presented that distinguishes my operation from the external food trucks historically welcomed into the community. If the activity is acceptable when performed by non-resident vendors, exclusion of the sole resident-owned vendor requires a clear, lawful, evidence-based rationale. None has been provided.

10. Democratic Governance and Representation  
Venture Out's governance is representative. Decisions must reflect the interests of the broader ownership, not only a small segment. The consistent turnout for weekly service demonstrates that this operation is valued by a substantial portion of the community. Restricting a lawful, community-supported, resident-owned operation without an adopted rule or uniform enforcement standard undermines democratic representation and owner confidence.

11. Option for Anonymous Support  
Some owners may prefer to express their views discreetly. Change.org allows supporters to sign anonymously if they choose. All forms of support, whether public or anonymous, contribute to an accurate understanding of community sentiment.

12. Request to the Board  
This petition respectfully requests that the Venture Out Board:
1. Affirm that no owner may be restricted from a lawful activity absent a properly adopted, uniformly enforced rule.
2. Withdraw unsupported nuisance and ADA claims.
3. Apply parking and activity standards uniformly based on long-standing practices.
4. Reconsider the jointly drafted compromise resolution.
5. Ensure decisions involving common elements and resident-owned businesses reflect the interests of the entire ownership.
6. Permit continued operation of the resident-owned food truck under the same conditions I have historically been operating under in VO for the last 18 months without incident.

13. Conclusion  
This petition is not a request for special treatment. It is a request for fair, consistent, and uniform treatment under association law. A resident-owned, fully compliant, community-supported food truck should not be singled out without a rule, without evidence, and without uniform standards. Owners who support transparent governance and equal treatment are invited to sign, publicly or anonymously.