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  #16  
Old 08-16-2008, 09:02 AM
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Quote:
Originally Posted by aklim View Post
Bingo! Don't like those rules, don't live there.

Why not hold the abusers accountable?

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  #17  
Old 08-16-2008, 09:10 AM
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Originally Posted by Jim B. View Post
I am getting ready to file a lawsuit against my HOA.




Withholding my monthly Homeowner Association dues is the fastest way I can think of to have a lien put on my house.

Therefore, Court is the only resource left.


I take you statement to read that you had best not withhold the dues........that's a sure way to lose the whole shooting match.

It does appear that you are out of options against this HOA, but a legal fight against a heavily armed man is not always successful. I can't read from your statements, but, I hope that this individual is the type to back down when he gets a lawsuit. The problem with fighting an HOA is that they'll use unlimted money..........everybody's money..........when you only have your own resources.

You might even consider filing against him personally.........not that it can go anywhere........but, that document, when served might be a strong psychological deterrent.
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  #18  
Old 08-16-2008, 09:10 AM
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I'd play the jingo card. It's downright UNAMERICAN to allow a Honda Ridgeline and not a Ford to be parked in the driveway.
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  #19  
Old 08-16-2008, 09:14 AM
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Originally Posted by Kuan View Post
I'd play the jingo card. It's downright UNAMERICAN to allow a Honda Ridgeline and not a Ford to be parked in the driveway.
I don't think you'll get any traction with that. If the HOA was not arbitrary and has a reasonably explanation for allowing high end pickup trucks (which they do), any litigation would need a huge tailwind (read friendly jury) to ignore the statute.

If the HOA were to lose the case, it would simply ban all pickup trucks..........as it had previously.........and all the efforts to "legalize" the F-150 would be for naught.

Fighting HOA's is generally not a rewarding experience.
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  #20  
Old 08-16-2008, 09:16 AM
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Originally Posted by Brian Carlton View Post
I don't think you'll get any traction with that.
Probably right. It'd be great for the news, though, that might backfire as well.
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  #21  
Old 08-16-2008, 09:19 AM
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Originally Posted by Kuan View Post
It'd be great for the news, though, that might backfire as well.

Sometimes the publicity helps..........if you're dealing with weak individuals who can't stand the heat. Sometimes it hurts.........if you're dealing with strong individuals who love to fight.

Know your adversary before you plan a strategy.
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  #22  
Old 08-16-2008, 09:19 AM
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Quote:
Originally Posted by Brian Carlton View Post
I take you statement to read that you had best not withhold the dues........that's a sure way to lose the whole shooting match.

It does appear that you are out of options against this HOA, but a legal fight against a heavily armed man is not always successful. I can't read from your statements, but, I hope that this individual is the type to back down when he gets a lawsuit. The problem with fighting an HOA is that they'll use unlimted money..........everybody's money..........when you only have your own resources.

You might even consider filing against him personally.........not that it can go anywhere........but, that document, when served might be a strong psychological deterrent.
Small claims court, (where attorneys are not allowed) and naming him personally, as well as the HOA, as defendants, is my thinking, and a request for the maximum amount of punitive damages, along with publicity.

Lots, and lots of publicity in this small town. These people HATE to have their actions put out in the open. It is especially reprehensible, that they are so highly paid, and sanctimoniously tout their non profit status, which they feel means they are untouchable



Yes of course, they can take a default in small claims court, and lose, then appeal to Superior Court where their attorneys can step in and wage war

I know that.

But the publicity, and the possible state investigation that could follow, may give them pause.

Would they risk their license over this?
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  #23  
Old 08-16-2008, 09:25 AM
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Quote:
Originally Posted by Brian Carlton View Post
Sometimes the publicity helps..........if you're dealing with weak individuals who can't stand the heat. Sometimes it hurts.........if you're dealing with strong individuals who love to fight.

Know your adversary before you plan a strategy.

He is a stubborn, unyielding individual who apparently LOVES a fight. However, his antics may be not fully known to those who pay his salary

Under the doctrine of Respondeat Superior, he is an agent of the company for which he is employed as a terminable at will employee, and the company ratifies everything he does under their name and authority,


He has a $250,000 job at risk here. I don't.



I would be happy to throw his $250,000 job, and him, under the bus over this.
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1995 E 420, 170k "The Red Plum" (sold)

2015 BMW 535i xdrive awd Stage 1 DINAN, 6k, <----364 hp

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  #24  
Old 08-16-2008, 09:32 AM
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Quote:
Originally Posted by Jim B. View Post
Small claims court, (where attorneys are not allowed) and naming him personally, as well as the HOA, as defendants, is my thinking, and a request for the maximum amount of punitive damages, along with publicity.

Lots, and lots of publicity in this small town. These people HATE to have their actions put out in the open. It is especially reprehensible, that they are so highly paid, and sanctimoniously tout their non profit status, which they feel means they are untouchable



Yes of course, they can take a default in small claims court, and lose, then appeal to Superior Court where their attorneys can step in and wage war

I know that.

But the publicity, and the possible state investigation that could follow, may give them pause.

Would they risk their license over this?
Well, you've got some experience in those small claims matters.........

If you make the attempt in small claims........no harm done in any outcome...........not all that much invested.

I do think he'll bump it up if they lose............

Is their license really at risk due to the complaint of one member? You'd need to have proof of some severe malfeasance.........much of this behavior is under the table and generally hearsay.
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  #25  
Old 08-16-2008, 10:28 AM
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I know a fellow who is experienced in dealing with such people. He used to do the bidding of the Apartheid gov't in old S.A...... He will show up and crush this a-hole within an inch of his life and then leave again, no trace. It'll cost you some though. A juvenile response? Probably. Satisfying? Most definitely. RT
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  #26  
Old 08-16-2008, 10:49 AM
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And I thought the Hysterical District Commission was bad.
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  #27  
Old 08-16-2008, 11:48 AM
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Quote:
Originally Posted by Jim B. View Post
Why not hold the abusers accountable?
Only if you can prove a case of abuse. My point was that if I knew this place had a HOA with rules I didn't like, I could choose not to live there. That or if there was a HOA and I didn't like one, I could choose not to live there.

Now if my HOA was running amok, I could see holding them accountable.
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  #28  
Old 08-16-2008, 12:18 PM
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If you lived there before the rule was in place, then what are you supposed to do? I like the "let Rocco and Lefty visit him" route for people like this. I had a lawyer who had his clients come to our condo area and park right in front of my unit- all day and into the night, 7 days a week. I put a note on one the cars that said you are parking illegally and to not do it anymore and he came over the next day and verbally attacked me like the small dog he was. I said you are doing business at your residence and that was against the rules. He said I did like the people who came over as they were a certain race. I stood my ground like you do with all small dogs and refused to be intimidated. He eventually caved and the people stopped visiting and he respected me and we became friendly.
Could you buy a car cover and use it? BTW- remember that many vehicles over XXX gross pounds are "commercial" vehicles according to tax breaks- (which is one reason why so many SUV's were sold) could you use that? The owners of such trucks may be forced to park inside or side with you.
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  #29  
Old 08-16-2008, 12:18 PM
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Quote:
Originally Posted by Chad300tdt View Post
I can understand the HOA stating what type of landscaping and home mods can be done
I'm lost as to why they couldn't plant a willow tree in their yard. I have no understanding at all of these landscaping rules.
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  #30  
Old 08-16-2008, 12:25 PM
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Quote:
Originally Posted by tankdriver View Post
I'm lost as to why they couldn't plant a willow tree in their yard. I have no understanding at all of these landscaping rules.
My understanding is that the development has the HOA to make sure the overall look and maintenance is consistent and remains looking like the community it was designed to be. If everyone were allowed to alter their landscape and exterior of their home to whatever they wished, the look of the development would end up dramatically changing.

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