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Marcus Aurelius
04-03-2013, 01:12 PM
I asked jimnyc where I should put this thread (get your minds out of the gutter :laugh:), and he suggested here......



About a year ago, I built a shed in the form or a TARDIS, from the BBC series Dr. Who.

However, my homeowners association has decided that since the color is not on the 'approved list' of colors, they are going to fine me periodically until I change the color.

I originally made my formal presentation to the association in Feb of 2012. The presentation was to the architectural committee, and included construction details, a sample of materials and colors to be used, etc. They declined to give me a yes or no answer at the meeting, and instead said they would pass it off to the main board.

I waited over a month, and heard nothing. I then found rule #26 in the association rulebook, which states...


If the ACC does not issue a written decision within fifteen (15) days after it receives a complete application from the Executive Director, then the application will deemed to have been approved, and the proposed improvements may be made; but the proposed improvements must be made exactly in accordance with the application, and all of the plans, specifications, information and documents submitted by the owner must meet all the conditions and required specifications or are similar to the original installation.

Since they had not met the criteria (15 day written notice), I sent them a registered letter stating I would be going ahead as planned.

The committee then claimed that by passing the buck to the main board, they had satisfied rule #26. I saw a lawyer at the time, and he said that they had not met rule 26, as they had never sent anything in writing within the 15 day period. So, I built the shed.

Now the association is threatening to fine me until I remove the shed, or change the color of the shed to one on the approved list. I refuse to do so.

I've contacted the local small claims court to see if I can bring action there, and I am waiting for a reply. I have contacted local Philadelphia tv news stations to see if they can do a story on this.

I even put up a thread asking for help from my fellow prop builders on THERPF.COM., and other sites.

Please...

HELP ME SAVE MY TARDIS!

Below is the contact information for the HOA. Please... write, call or email them, asking them to allow me to keep my TARDIS exactly as-is, and to drop the fines. Any help is sincerely appreciated.


Rhondda Homeowners Association
P.O. BOX 232
525 Carmarthen Drive
Exton, PA 19341
Phone: 610-363-8413
Fax: 610-363-9223
Email: property@rhonddahoa.org

Here is a form letter you can copy/paste to save time...



Dear Rhondda Homeowners Association,

It has been brought to my attention that about a year ago, one of your residents built a shed in their backyard, in the form of the iconic Blue Police Box from the British television series Dr. Who.

The resident submitted a complete application, as required by your association rules. He even met with the architectural committee in person to make a presentation, as the design and colors specified in the application were not considered 'standard' for your development.

When no written response was provided by Rhondda with the 15 day requirement set forth in rule #26 of the association rules...

If the ACC does not issue a written decision within fifteen (15) days after it receives a complete application from the Executive Director, then the application will deemed to have been approved, and the proposed improvements may be made; but the proposed improvements must be made exactly in accordance with the application, and all of the plans, specifications, information and documents submitted by the owner must meet all the conditions and required specifications or are similar to the original installation.

...the resident went ahead and built his shed.

Now, almost a year later, the Rhondda Homeowners Association is trying to fine the resident over the color of the shed! I find this inexcusable, as the resident clearly followed proper procedures, as set forth in the association rules. Essentially, he found and used a loophole in the rules, and you are trying to penalize him for it.

I respectfully urge you to reconsider your position, and refrain from any further attempts to fine or otherwise punish the resident in this matter.

Thank you for your time.



Any help is sincerely appreciated gang. Thanks in advance. I picture of the shed can be found in the link in my sig.

aboutime
04-03-2013, 01:26 PM
I asked jimnyc where I should put this thread (get your minds out of the gutter :laugh:), and he suggested here......



About a year ago, I built a shed in the form or a TARDIS, from the BBC series Dr. Who.

However, my homeowners association has decided that since the color is not on the 'approved list' of colors, they are going to fine me periodically until I change the color.

I originally made my formal presentation to the association in Feb of 2012. The presentation was to the architectural committee, and included construction details, a sample of materials and colors to be used, etc. They declined to give me a yes or no answer at the meeting, and instead said they would pass it off to the main board.

I waited over a month, and heard nothing. I then found rule #26 in the association rulebook, which states...



Since they had not met the criteria (15 day written notice), I sent them a registered letter stating I would be going ahead as planned.

The committee then claimed that by passing the buck to the main board, they had satisfied rule #26. I saw a lawyer at the time, and he said that they had not met rule 26, as they had never sent anything in writing within the 15 day period. So, I built the shed.

Now the association is threatening to fine me until I remove the shed, or change the color of the shed to one on the approved list. I refuse to do so.

I've contacted the local small claims court to see if I can bring action there, and I am waiting for a reply. I have contacted local Philadelphia tv news stations to see if they can do a story on this.

I even put up a thread asking for help from my fellow prop builders on THERPF.COM., and other sites.

Please...

HELP ME SAVE MY TARDIS!

Below is the contact information for the HOA. Please... write, call or email them, asking them to allow me to keep my TARDIS exactly as-is, and to drop the fines. Any help is sincerely appreciated.


Rhondda Homeowners Association
P.O. BOX 232
525 Carmarthen Drive
Exton, PA 19341
Phone: 610-363-8413
Fax: 610-363-9223
Email: property@rhonddahoa.org

Here is a form letter you can copy/paste to save time...






Any help is sincerely appreciated gang. Thanks in advance. I picture of the shed can be found in the link in my sig.

Marcus. Have you thought about appeasing the idiots of the HOA by changing the name of the TARDIS to something more appealing, and pleasing to their Liberal insanity...such as "OBAMABOX"???
My apologies for the attempt at humor. But it does seem. HOA's across the nation are led by brainless, insulted, offended, idiots who always need to have power over others..no matter what the cost, or no matter how DUMB they look.

I remember visiting Exton many years ago before it began to grow, and dominate what used to be Open Space.
I was born in Norristown. So, I know what you must be experiencing, making me thankful I live in the South, away from HOA's that make demands based on the idiocy of a few, in order to control the many.
Sadly. HOA's have too much power, and as we have seen. Here in this nation. HOA's even dominate over Veterans who merely wish to fly the AMERICAN FLAG.
Unfortunately. It's going to get worse. The HOA has the means, and the backing to make your TARDIS a very, very expensive thing for you to maintain.
I do wish you luck, but I fear writing any kind of letter in your behalf...In my opinion, would be less than helpful to you.

fj1200
04-03-2013, 01:39 PM
Are there any dispute resolution procedures in your HOA that you have to go through? And did the main board ever rule?

Marcus Aurelius
04-03-2013, 01:52 PM
Are there any dispute resolution procedures in your HOA that you have to go through? And did the main board ever rule?

The day after they recieved my registered letter stating I was using rule #26, they decided to approve, if I stuck witht he approved colors instead of the blue. Both the lawyer I saw (free consultation) and I agreed that they had not met rule #26, so I built it.

problem with a lawyer now is, $1,000 for a retainer. That's why I am meeting with the court clerk to see what forms I need to file for a temp. injunction.

fj1200
04-03-2013, 02:02 PM
The day after they recieved my registered letter stating I was using rule #26, they decided to approve, if I stuck witht he approved colors instead of the blue. Both the lawyer I saw (free consultation) and I agreed that they had not met rule #26, so I built it.

problem with a lawyer now is, $1,000 for a retainer. That's why I am meeting with the court clerk to see what forms I need to file for a temp. injunction.

Surprised that they don't have a dispute resolution process listed in the HOA but then again I've never had to deal with one except our city which has similar restrictions. I bet you could put up enough of a challenge to do it without a lawyer.

Good luck with it.

Marcus Aurelius
04-03-2013, 02:06 PM
Surprised that they don't have a dispute resolution process listed in the HOA but then again I've never had to deal with one except our city which has similar restrictions. I bet you could put up enough of a challenge to do it without a lawyer.

Good luck with it.

unless I suddenly inherit $1,000, that's the idea. There is a pro bono program in Chester County for people who can't afford a lawyer, but make too much to get help from Legal Aid. I am waiting for a call back.

Marcus Aurelius
04-03-2013, 02:32 PM
here is an edited version of the letter template, changing the loophole section.



Dear Rhondda Homeowners Association,

It has been brought to my attention that about a year ago, one of your residents built a shed in their backyard, in the form of the iconic Blue Police Box from the British television series Dr. Who.

The resident submitted a complete application, as required by your association rules. He even met with the architectural committee in person to make a presentation, as the design and colors specified in the application were not considered 'standard' for your development.

When no written response was provided by Rhondda with the 15 day requirement set forth in rule #26 of the association rules...

If the ACC does not issue a written decision within fifteen (15) days after it receives a complete application from the Executive Director, then the application will deemed to have been approved, and the proposed improvements may be made; but the proposed improvements must be made exactly in accordance with the application, and all of the plans, specifications, information and documents submitted by the owner must meet all the conditions and required specifications or are similar to the original installation.

...the resident went ahead and built his shed.

Now, almost a year later, the Rhondda Homeowners Association is trying to levy fines against the resident over the color of the shed, when in fact the RHA has no right to do so. The RHA failed to tender either an approval or disapproval of the project in the allotted 15-day time frame, resulting in the automatic approval of said project for construction (including the color of paint, as it was in the application and presentation) in accordance with the stipulations set forth in Rule #26. To attempt to fine him after this automatic approval is clearly an attempt by the RHA to circumvent their own bylaws and rules and punish the resident for the RHA's failure to exercise their own responsibilities in a timely fashion.

I respectfully urge you to reconsider your position, and refrain from any further attempts to fine or otherwise punish the resident in this matter.

Thank you for your time.

Robert A Whit
04-03-2013, 06:21 PM
I know HOA rules in CA very well. But CA law is based not on English Common law as it is in PA, but based on Spanish law and done so by treaty. (Treaty of Gaudalupe Hidalgo)

However contract law is fairly standard.

You saw a lawyer, Unless you are fined, you have no damages. The Assoc. can only follow the rules on it's own rules pages.

I know CA small claims law but not PA small claims law. A visit by you to the local small claims court jurisdiction ought to get you the information they provide as well as their forms.

If you had the HOA rules, as you say you do, you knew the rules about the color. And though you attempted to get this waived, it might be per your state laws, that the waiver procedure was not as easy to waive as simply having them send said waiver to the full committee.

Why? Because of the negative impact on your neighbors who may suffer financial loss if you keep the odd color.

The Architecture committee may have delayed getting it to the full committee. (such as set it on a desk and ignoring it)

I don't really know enough to disagree with the lawyer you talked to. I expect he or she is correct.

Can they fine you? It seems unlikely.

First, those rules are designed to keep your property values high. You and your neighbors may lose value with that shed there.

Small claims filing fees are not large. But you have no case until you are damaged. In CA, no claimant nor defendant can take a lawyer to court to represent him or her.

If they try to break their own rules by fining you, perhaps you can get a larger award than you may suspect. Courts despise the maker of the contract trying to treat the one agreeing with it unfairly and may be up to awarding you more damages than it costs. A neutral 3rd party could hold any fines you pay to prove you had damages and pay to the winning party. I am saying you both defend and also counter-sue them. If you fail to counter-sue, the court may simply give you back any fines. It can be helpful to attend small claims to size up the way it works and the judges as well.

By the way, generally the HOA may place liens on the property and even force the sale if they turn out to be correct.

FWIW, I hope this helps.

Robert A Whit
04-03-2013, 06:58 PM
I know HOA rules in CA very well. But CA law is based not on English Common law as it is in PA, but based on Spanish law and done so by treaty. (Treaty of Gaudalupe Hidalgo)

However contract law is fairly standard.

You saw a lawyer, Unless you are fined, you have no damages. The Assoc. can only follow the rules on it's own rules pages.

I know CA small claims law but not PA small claims law. A visit by you to the local small claims court jurisdiction ought to get you the information they provide as well as their forms.

If you had the HOA rules, as you say you do, you knew the rules about the color. And though you attempted to get this waived, it might be per your state laws, that the waiver procedure was not as easy to waive as simply having them send said waiver to the full committee.

Why? Because of the negative impact on your neighbors who may suffer financial loss if you keep the odd color.

The Architecture committee may have delayed getting it to the full committee. (such as set it on a desk and ignoring it)

I don't really know enough to disagree with the lawyer you talked to. I expect he or she is correct.

Can they fine you? It seems unlikely.

First, those rules are designed to keep your property values high. You and your neighbors may lose value with that shed there.

Small claims filing fees are not large. But you have no case until you are damaged. In CA, no claimant nor defendant can take a lawyer to court to represent him or her.

If they try to break their own rules by fining you, perhaps you can get a larger award than you may suspect. Courts despise the maker of the contract trying to treat the one agreeing with it unfairly and may be up to awarding you more damages than it costs. A neutral 3rd party could hold any fines you pay to prove you had damages and pay to the winning party. I am saying you both defend and also counter-sue them. If you fail to counter-sue, the court may simply give you back any fines. It can be helpful to attend small claims to size up the way it works and the judges as well.

By the way, generally the HOA may place liens on the property and even force the sale if they turn out to be correct. (NOTE, The above is not intended to be the practice of law in any state. It is merely information and said party is advised to seek legal counsel and do not rely on said offered information)

FWIW, I hope this helps.*

PostmodernProphet
04-03-2013, 08:52 PM
I've contacted the local small claims court to see if I can bring action there, and I am waiting for a reply.

no, because you have no damages to recover......

that will be $100......

(if you pay it you will have damages to recover.......)

Marcus Aurelius
04-03-2013, 09:30 PM
no, because you have no damages to recover......

that will be $100......

(if you pay it you will have damages to recover.......)

the idea behind small claims court would be to get a preliminary injunction to prevent the fines in the first place, until a hearing can be held.

Robert A Whit
04-03-2013, 09:57 PM
the idea behind small claims court would be to get a preliminary injunction to prevent the fines in the first place, until a hearing can be held.

I can't say what would happen since law in your state can easily vary a lot from CA but this is what CA says.



Small Claims Court Can Issue Injunctive and Other Equitable Relief (http://www.yourlegalcorner.com/blogger/?p=195) <small>Written by: Melissa Marsh (legalcorner@aol.com), a California Business Law Attorney on 2-1-2010</small> Prior to the enactment of Assembly Bill 712, California Smalls Claims Courts had jurisdiction over actions seeking certain forms of relief, including money damages up to $7,500 and in such actions the Smalls Claims Court was also permitted to grant equitable relief in the form of rescission, restitution, reformation, and specific performance in lieu of, or in addition to, money damages. Under the new law, the Small Claims Court will be prohibited from issuing injunctive relief (e.g. specific performance) unless a California statute specifically authorizes the Small Claims Court to award injunctive relief. Fortunately, California Code of Civil Procedure §§ 116.210-116.221 provide that in any small claims action seeking money damages, the Small Claims Court may grant equitable relief in the form of recision, restitution, reformation and specific performance, in lieu of, or in addition to, money damages. In effect, this bill does not change existing law but seeks to clarify it.
Several statutes affecting homeowner associations (HOAs) also explicitly provide the Small Claims Court with jurisdiction to grant equitable relief. For example, California Civil Code § 1365.2 authorizes a person to bring an action in Small Claims Court to inspect and copy HOA records, and to ask for a civil penalty of up to $500 for each violation. The action to enforce the right to inspect and copy HOA documents would be an action for injunctive or declaratory relief. Similarly, Civil Code § 1363.09(c) allows a member of a common interest development to seek injunctive relief in any case involving association-related elections to be brought in Small Claims Court if the amount of the demand does not exceed the jurisdiction of the Small Claims Court ($7,500).

Marcus Aurelius
04-03-2013, 11:00 PM
I can't say what would happen since law in your state can easily vary a lot from CA but this is what CA says.



Small Claims Court Can Issue Injunctive and Other Equitable Relief (http://www.yourlegalcorner.com/blogger/?p=195)

<small>Written by: Melissa Marsh (legalcorner@aol.com), a California Business Law Attorney on 2-1-2010</small> Prior to the enactment of Assembly Bill 712, California Smalls Claims Courts had jurisdiction over actions seeking certain forms of relief, including money damages up to $7,500 and in such actions the Smalls Claims Court was also permitted to grant equitable relief in the form of rescission, restitution, reformation, and specific performance in lieu of, or in addition to, money damages. Under the new law, the Small Claims Court will be prohibited from issuing injunctive relief (e.g. specific performance) unless a California statute specifically authorizes the Small Claims Court to award injunctive relief. Fortunately, California Code of Civil Procedure §§ 116.210-116.221 provide that in any small claims action seeking money damages, the Small Claims Court may grant equitable relief in the form of recision, restitution, reformation and specific performance, in lieu of, or in addition to, money damages. In effect, this bill does not change existing law but seeks to clarify it.
Several statutes affecting homeowner associations (HOAs) also explicitly provide the Small Claims Court with jurisdiction to grant equitable relief. For example, California Civil Code § 1365.2 authorizes a person to bring an action in Small Claims Court to inspect and copy HOA records, and to ask for a civil penalty of up to $500 for each violation. The action to enforce the right to inspect and copy HOA documents would be an action for injunctive or declaratory relief. Similarly, Civil Code § 1363.09(c) allows a member of a common interest development to seek injunctive relief in any case involving association-related elections to be brought in Small Claims Court if the amount of the demand does not exceed the jurisdiction of the Small Claims Court ($7,500).

who gives a shit about California, dumbass.

logroller
04-04-2013, 12:04 AM
A few questions Marcus.
Can you prove the exact date that your request was filed?
(Obviously, this is necessary to determine rule 26 applies. )

regardless of what was said at the meeting, did you receive something in writing stating that it was referred to the main board within the 15 days? Or otherwise was the acc meeting minutes and decisions documented in some written form that is readily made available to the HOA members?
The reason I ask this is to avoid the argument that referring the matter to the board qualifies as a "decision" within the context of rule 26. Because legally, it could.

Are there definitions provided in the HOA agreement?
Otherwise, consider the following generic legal definitions:

Decision: The written determination of a court or administrative tribunal disposing of motions or claims in a case or matter before it.

A convincing argument could be made that the matter was "disposed of" by the ACC. But this leaves open a challenge upon it being written (although a written record of the minutes may suffice as "written") and, more importantly, whether it was "issued."

Issued: circulated, broadcast, televised, made public, announced, disseminated, published, sent out, promulgated, expressed, spread; see also delivered, distributed, published.

If any of the bold and/or underlined actions took place within the 15 days (again, in written form), then you've not got much of a case.

Marcus Aurelius
04-04-2013, 07:08 AM
A few questions Marcus.
Can you prove the exact date that your request was filed?
(Obviously, this is necessary to determine rule 26 applies. )
yes.

regardless of what was said at the meeting, did you receive something in writing stating that it was referred to the main board within the 15 days?
no.

Or otherwise was the acc meeting minutes and decisions documented in some written form that is readily made available to the HOA members?
Possibly. However, rule 26 specifically sates 'notified' in writing'... not 'had written notice made available to', so I believe I'm good there.

The reason I ask this is to avoid the argument that referring the matter to the board qualifies as a "decision" within the context of rule 26. Because legally, it could.

Are there definitions provided in the HOA agreement?
Otherwise, consider the following generic legal definitions:

Decision: The written determination of a court or administrative tribunal disposing of motions or claims in a case or matter before it.

A convincing argument could be made that the matter was "disposed of" by the ACC. But this leaves open a challenge upon it being written (although a written record of the minutes may suffice as "written") and, more importantly, whether it was "issued."

Issued: circulated, broadcast, televised, made public, announced, disseminated, published, sent out, promulgated, expressed, spread; see also delivered, distributed, published.

If any of the bold and/or underlined actions took place within the 15 days (again, in written form), then you've not got much of a case.
none of those happend.


my comments in red above

taft2012
04-04-2013, 07:21 AM
Have you thought about appeasing the idiots of the HOA by changing the name of the TARDIS to something more appealing, and pleasing to their Liberal insanity...such as "OBAMABOX"???
My apologies for the attempt at humor.

No apology necessary. That's absolutely brilliant.

The GOP should put forth a tax cut proposal called something like "The Obama Blessing Act of 2014".

tailfins
04-04-2013, 07:21 AM
Is it JUST the color they are badgering you about? What if you paint it an approved color, then start the approval process over again?

Marcus Aurelius
04-04-2013, 07:28 AM
Is it JUST the color they are badgering you about? What if you paint it an approved color, then start the approval process over again?

the letter they sent specifically says the fine is for the color.

Marcus Aurelius
04-04-2013, 07:28 AM
oh, I emailed my congressman last night.

PostmodernProphet
04-04-2013, 07:31 AM
the idea behind small claims court would be to get a preliminary injunction to prevent the fines in the first place, until a hearing can be held.

small claims courts generally don't have powers in equity (necessary to grant an injunction)......here in Michigan we have circuit courts, district courts and small claims courts (in sequence of authority).....only circuit courts can grant injunctions......

what will happen in reality is that they will issue you a "fine" which you will ignore, they will have to try to take you to court to collect it, since they have no other way to accomplish that......then you will raise the defense of their failure to act in a timely manner.....

my bill is now $250.......

PostmodernProphet
04-04-2013, 07:40 AM
Paint a sign and attach it to the shed that says "MY HOA IS RE-TARDIS" and then claim your civil right of free speech is being infringed........

tailfins
04-04-2013, 07:48 AM
Paint a sign and attach it to the shed that says "MY HOA IS RE-TARDIS" and then claim your civil right of free speech is being infringed........

Just make sure the sign is an approved color. :thumb:

Marcus Aurelius
04-04-2013, 08:04 AM
found a few property rights advocate groups online and emailed them today.

jimnyc
04-04-2013, 10:55 AM
go here - http://forum.freeadvice.com/

They have a real estate section I believe, or find an appropriate section. A few lawyers take the time to respond, but so you know most aren't. But there ARE a ton replying there that are professionals in various ways that are more than competent to answer such questions. Don't forget to put the state you are in at the top of your post so they know which law to apply!

DragonStryk72
04-04-2013, 11:43 AM
I asked jimnyc where I should put this thread (get your minds out of the gutter :laugh:), and he suggested here......



About a year ago, I built a shed in the form or a TARDIS, from the BBC series Dr. Who.

However, my homeowners association has decided that since the color is not on the 'approved list' of colors, they are going to fine me periodically until I change the color.

I originally made my formal presentation to the association in Feb of 2012. The presentation was to the architectural committee, and included construction details, a sample of materials and colors to be used, etc. They declined to give me a yes or no answer at the meeting, and instead said they would pass it off to the main board.

I waited over a month, and heard nothing. I then found rule #26 in the association rulebook, which states...



Since they had not met the criteria (15 day written notice), I sent them a registered letter stating I would be going ahead as planned.

The committee then claimed that by passing the buck to the main board, they had satisfied rule #26. I saw a lawyer at the time, and he said that they had not met rule 26, as they had never sent anything in writing within the 15 day period. So, I built the shed.

Now the association is threatening to fine me until I remove the shed, or change the color of the shed to one on the approved list. I refuse to do so.

I've contacted the local small claims court to see if I can bring action there, and I am waiting for a reply. I have contacted local Philadelphia tv news stations to see if they can do a story on this.

I even put up a thread asking for help from my fellow prop builders on THERPF.COM., and other sites.

Please...

HELP ME SAVE MY TARDIS!

Below is the contact information for the HOA. Please... write, call or email them, asking them to allow me to keep my TARDIS exactly as-is, and to drop the fines. Any help is sincerely appreciated.


Rhondda Homeowners Association
P.O. BOX 232
525 Carmarthen Drive
Exton, PA 19341
Phone: 610-363-8413
Fax: 610-363-9223
Email: property@rhonddahoa.org

Here is a form letter you can copy/paste to save time...






Any help is sincerely appreciated gang. Thanks in advance. I picture of the shed can be found in the link in my sig. According to their processes, they approved the shed being built, so this isn't a matter of claims, as in "do you owe them money?", but a violation of contract, as they approved of the color, and are now trying to penalize you for using the color they approved. Do NOT pay the fines.

They're pretty much going to throw some scary language at you, but in the end, you've abided by the contract.

Marcus Aurelius
04-04-2013, 01:13 PM
The enemy of my enemy is my friend...

Contacting the ACLU.

Syrenn
04-04-2013, 01:23 PM
lets see.....

how about making a facebook page ...save the tardis!

Marcus Aurelius
04-04-2013, 01:51 PM
lets see.....

how about making a facebook page ...save the tardis!

check my sig...

Syrenn
04-04-2013, 01:54 PM
check my sig...

i have sigs turned off.....

whats it say???

Marcus Aurelius
04-04-2013, 01:57 PM
i have sigs turned off.....

whats it say???

PLEASE... Help me save my TARDIS from my HOA!!!!
https://www.causes.com/causes/974136...is-from-my-hoa (https://www.causes.com/causes/974136-please-help-me-save-my-tardis-from-my-hoa)

Syrenn
04-04-2013, 02:12 PM
PLEASE... Help me save my TARDIS from my HOA!!!!
https://www.causes.com/causes/974136...is-from-my-hoa (https://www.causes.com/causes/974136-please-help-me-save-my-tardis-from-my-hoa)



Ask for donations to fight the evil HOA trying to make you get rid of it.....


also put out tweets with the hashtage DrWho.

Marcus Aurelius
04-04-2013, 02:14 PM
right... that is not a facebook page. A face book page you could ask for donations to fight the evil HOA trying to make you get rid of it and round up support....


also put out tweets with the hashtage DrWho.

It's associated with Facebook, but you are correct. I may get more exposure with a dedicated Facebook page.

Never done Twitter. Will look into it. Ty

Syrenn
04-04-2013, 02:18 PM
It's associated with Facebook, but you are correct. I may get more exposure with a dedicated Facebook page.

Never done Twitter. Will look into it. Ty



a flat out facebook page is what you need.... i am sure they have dedicated groups of DW followers..... post on thoes groups to round up support.

also look on google groups.... google plus and google orkut


get on the tweet thing.... :thumb:

Robert A Whit
04-04-2013, 02:36 PM
small claims courts generally don't have powers in equity (necessary to grant an injunction)......here in Michigan we have circuit courts, district courts and small claims courts (in sequence of authority).....only circuit courts can grant injunctions......

what will happen in reality is that they will issue you a "fine" which you will ignore, they will have to try to take you to court to collect it, since they have no other way to accomplish that......then you will raise the defense of their failure to act in a timely manner.....

my bill is now $250.......

It is highly risky trying to say what any small claims court can do other than it handles small claims.

Since this is down my alley, I speak only for what CA does and urge a person with a HOA problem to first study his own HOA documents.

He must study the HOA rules and regulations.
He may be subject as we are in CA to CC&R's. Covenants, Conditions and Restrictions. These the condo owner perhaps has never seen and if like in CA, they are recorded and open to public view at the country recorder, he can normally get copies at the recorders office. He can also look over the papers when he purchased since the CC&Rs are vital to the process.

In CA, buyers agree to things they may not have paid attention to.

Rules and regulations are the same as law.
HOA will state the way fines can be collected and should home owners refuse to pay, they also stipulate how they can collect. Liens in CA such as fines can be put on the public record and violators may be foreclosed on even should the sums be small.

Normally neighbors are not interested in violators being able to change the rules merely by doing what is not allowed.

For instance, suppose the complex is painted to one exterior color. To have one condo exterior painted bright blue when the others are say a tan color, makes no sense. Also, some of this hinges on who owns the land where the Tardis is.

In CA, the condo owner normally has a tiny plot of land, usually the size of a patio, that he can do a lot of things with. Town houses in CA, always own his part of the building and also owns the land it sits on and enough land to call a front and rear yard that is fenced in the rear normally.

Believe it or not, in CA, homes even have CC&R's and those "Run with the land" meaning they are of record and are like law and normally pretty much not able to be changed.

Robert A Whit
04-04-2013, 02:47 PM
a flat out facebook page is what you need.... i am sure they have dedicated groups of DW followers..... post on thoes groups to round up support.

also look on google groups.... google plus and google orkut


get on the tweet thing.... :thumb:

Why not simply study all of his documents and also find out what his documents provide to help him solve this?

I keep saying, those rules, and in CA, rules are also found in other documents, such as CC&R, are there for a good purpose. I am not sure what PA provides for but a lot is missing in this story and he may end up misleading people no matter where he posts.

I have seen over the many years, far too many buyers buy and not even be aware of those Covenants (promises), Conditions (of ownership) and Restrictions (rules agreed to and of public record). My Title and Escrow company always provides them and I make sure the buyer gets the copy.

What I notice is that far too many people, so excited to be purchasing a home, treat those papers as if it is a race to sign. I personally always read every document prior to my clients ever seeing them. The purpose is to make sure nothing bad catches them or me and if there is something tricky, I ensure the buyer is informed. I happen to have some outstanding escrow people at the Title company and i have made sure they fully inform the customers. But I always get all documents sent to me by e mail so I look over everything. I have done this so long that I know just what to expect.

I caught a bank once that changed the interest rate to the buyer and had I not read all documents and headed this off, a delay of some time may have messed it up. The bank hated it but I forced them to lower the interest rate to what they promised when I negotiated rates with them.

Marcus Aurelius
04-04-2013, 02:49 PM
a flat out facebook page is what you need.... i am sure they have dedicated groups of DW followers..... post on thoes groups to round up support.

also look on google groups.... google plus and google orkut


get on the tweet thing.... :thumb:

https://www.facebook.com/SaveMyTardis

Robert A Whit
04-04-2013, 03:12 PM
who gives a shit about California, dumbass.

You are the most vile of the vile.

Syrenn
04-04-2013, 03:33 PM
https://www.facebook.com/SaveMyTardis


sweet!


now you need to start searching facebook for other DW groups and start talking about your issue!

Syrenn
04-04-2013, 03:35 PM
Why not simply study all of his documents and also find out what his documents provide to help him solve this?

I keep saying, those rules, and in CA, rules are also found in other documents, such as CC&R, are there for a good purpose. I am not sure what PA provides for but a lot is missing in this story and he may end up misleading people no matter where he posts.

I have seen over the many years, far too many buyers buy and not even be aware of those Covenants (promises), Conditions (of ownership) and Restrictions (rules agreed to and of public record). My Title and Escrow company always provides them and I make sure the buyer gets the copy.

What I notice is that far too many people, so excited to be purchasing a home, treat those papers as if it is a race to sign. I personally always read every document prior to my clients ever seeing them. The purpose is to make sure nothing bad catches them or me and if there is something tricky, I ensure the buyer is informed. I happen to have some outstanding escrow people at the Title company and i have made sure they fully inform the customers. But I always get all documents sent to me by e mail so I look over everything. I have done this so long that I know just what to expect.

I caught a bank once that changed the interest rate to the buyer and had I not read all documents and headed this off, a delay of some time may have messed it up. The bank hated it but I forced them to lower the interest rate to what they promised when I negotiated rates with them.
he had i have discussed this issue before a while back...

i was of the opinion the hoa lost the second they did not respond on time.....

Robert A Whit
04-04-2013, 03:51 PM
http://www.debatepolicy.com/images/debate_policy/misc/quote_icon.png Originally Posted by Robert A Whit http://www.debatepolicy.com/images/debate_policy/buttons/viewpost-right.png (http://www.debatepolicy.com/showthread.php?p=629018#post629018)

Why not simply study all of his documents and also find out what his documents provide to help him solve this?

I keep saying, those rules, and in CA, rules are also found in other documents, such as CC&R, are there for a good purpose. I am not sure what PA provides for but a lot is missing in this story and he may end up misleading people no matter where he posts.

I have seen over the many years, far too many buyers buy and not even be aware of those Covenants (promises), Conditions (of ownership) and Restrictions (rules agreed to and of public record). My Title and Escrow company always provides them and I make sure the buyer gets the copy.

What I notice is that far too many people, so excited to be purchasing a home, treat those papers as if it is a race to sign. I personally always read every document prior to my clients ever seeing them. The purpose is to make sure nothing bad catches them or me and if there is something tricky, I ensure the buyer is informed. I happen to have some outstanding escrow people at the Title company and i have made sure they fully inform the customers. But I always get all documents sent to me by e mail so I look over everything. I have done this so long that I know just what to expect.

I caught a bank once that changed the interest rate to the buyer and had I not read all documents and headed this off, a delay of some time may have messed it up. The bank hated it but I forced them to lower the interest rate to what they promised when I negotiated rates with them.




he had i have discussed this issue before a while back...

i was of the opinion the hoa lost the second they did not respond on time.....

So much depends not on just the articles he studied, but what PA law says. I found a site explaining PA law but this poster is so abusive he can find it himself.

I get sick of his daily insults to be frank. I wash my hands of this abusive person.

I am in the dark why he refuses to follow the rules that all the rest of the owners must follow. Suppose due to him, the others decided to also break the rules?

Syrenn
04-04-2013, 03:54 PM
So much depends not on just the articles he studied, but what PA law says. I found a site explaining PA law but this poster is so abusive he can find it himself.

I get sick of his daily insults to be frank. I wash my hands of this abusive person.

I am in the dark why he refuses to follow the rules that all the rest of the owners must follow. Suppose due to him, the others decided to also break the rules?

if i recall...he did follow the rules.

the hoa dropped the ball.

Marcus Aurelius
04-04-2013, 03:59 PM
So much depends not on just the articles he studied, but what PA law says. I found a site explaining PA law but this poster is so abusive he can find it himself.

I get sick of his daily insults to be frank. I wash my hands of this abusive person.

I am in the dark why he refuses to follow the rules that all the rest of the owners must follow. Suppose due to him, the others decided to also break the rules?

then why do you continually respond to posts and threads?

Dumb ass.

Robert A Whit
04-04-2013, 04:16 PM
if i recall...he did follow the rules.

the hoa dropped the ball.

No, he went to them to change the rules. They did not agree.

A quick story that happened to me Syrenn.

I purchased a new car that had a luxury tax included.
Said sales girl, using an adding machine, and the invoice, totaled up the bill. She presented me the bill. I paid the bill in full, certified funds.

Her manager checked said figures and agreed they were correct. I took possession of said new car.

About a month later, I got a letter demanding about $1,000 more. I then studied the invoice and saw that they had not included a charge for a tax.

But I did my part and they had the superior position since they created the contract and priced it to me.

I did not suspect the adding machine figure was not correct.

It ended up in small claims court where a retired judge was presiding. He called me and the other guy to his bench and told us both he planned to rule against me. This without hearing a thing.

I was angry and not a happy camper. I did what I had been requested of and how could I be held to blame for a mistake I had not made?

Judge said even if I presented all my evidence, he was not about to let me win.

I ended up paying. The Judge said when he worked as a lawyer for a client, he tried to get his case ruled on in his favor (he had made the same claim I did, not my fault) and lost his case.

I no longer give a damn what happens to this nut case who knew the rules and tried to be a smart ass and get them changed. I hope one of his neighbors uses a pick up and cable and hauls that thing off.

He has kept insulting me so many times that I now turn on him as he long ago turned on me and I have long tried hard to show him tolerance. But he keeps forgetting the golden rule.

aboutime
04-04-2013, 06:27 PM
No, he went to them to change the rules. They did not agree.

A quick story that happened to me Syrenn.

I purchased a new car that had a luxury tax included.
Said sales girl, using an adding machine, and the invoice, totaled up the bill. She presented me the bill. I paid the bill in full, certified funds.

Her manager checked said figures and agreed they were correct. I took possession of said new car.

About a month later, I got a letter demanding about $1,000 more. I then studied the invoice and saw that they had not included a charge for a tax.

But I did my part and they had the superior position since they created the contract and priced it to me.

I did not suspect the adding machine figure was not correct.

It ended up in small claims court where a retired judge was presiding. He called me and the other guy to his bench and told us both he planned to rule against me. This without hearing a thing.

I was angry and not a happy camper. I did what I had been requested of and how could I be held to blame for a mistake I had not made?

Judge said even if I presented all my evidence, he was not about to let me win.

I ended up paying. The Judge said when he worked as a lawyer for a client, he tried to get his case ruled on in his favor (he had made the same claim I did, not my fault) and lost his case.

I no longer give a damn what happens to this nut case who knew the rules and tried to be a smart ass and get them changed. I hope one of his neighbors uses a pick up and cable and hauls that thing off.

He has kept insulting me so many times that I now turn on him as he long ago turned on me and I have long tried hard to show him tolerance. But he keeps forgetting the golden rule.



Syrenn. SOUNDS LIKE ROBERT KNOWS BEST. He must have been there and told them everything they needed to know.

DragonStryk72
04-04-2013, 07:26 PM
It's associated with Facebook, but you are correct. I may get more exposure with a dedicated Facebook page.

Never done Twitter. Will look into it. Ty

What you really need in this case is a contract lawyer, in specific. The hoa is using the fact that you don't know enough about the law to know the right way to fight it.

Abbey Marie
04-04-2013, 07:54 PM
The main thing is, don't pay any fines and let them spend money on a lawyer to try to extract them from you. Unless of course you are thinking of moving anytime soon. You don't want those fines to appear as liens.

My husband and I were both on Association boards for a few years while we owned a townhouse.
It was rare that the association would or even could afford to hire lawyers and pursue these "non-conforming" violations. In our experience, the residents usually won for that reason. The bad feelings between people lasted a long time, though.

Marcus Aurelius
04-04-2013, 10:03 PM
sweet!


now you need to start searching facebook for other DW groups and start talking about your issue!

posted about my page on about 150 Doctor Who related pages. :beer:

Syrenn
04-04-2013, 10:17 PM
posted about my page on about 150 Doctor Who related pages. :beer:

good.. keep it up.

PostmodernProphet
04-05-2013, 07:49 AM
It is highly risky trying to say what any small claims court can do other than it handles small claims.

Since this is down my alley, I speak only for what CA does and urge a person with a HOA problem to first study his own HOA documents.


/grins.....as a lawyer specializing in real estate law I'm not scared to walk down the alley......

Marcus Aurelius
04-05-2013, 08:12 AM
small claims courts generally don't have powers in equity (necessary to grant an injunction)......here in Michigan we have circuit courts, district courts and small claims courts (in sequence of authority).....only circuit courts can grant injunctions......

what will happen in reality is that they will issue you a "fine" which you will ignore, they will have to try to take you to court to collect it, since they have no other way to accomplish that......then you will raise the defense of their failure to act in a timely manner.....

my bill is now $250.......

this is correct.

I went to the local majesterial court, and they said they do not have the power to deal with it... I'd have to take it to circuit court in West Chester. I have other things in motion, so we'll see where it all leads.

You can deduct the $250 from the retainer I didn't send ;)

Marcus Aurelius
04-06-2013, 07:54 PM
Just got 2/3 of my block to sign my petition! The rest were not home, so I left flyers.

Next, I send a packet of over 100 pages to the local ACLU to see if they are willing to help. After all, it's really all about the 1st amendment.

aboutime
04-06-2013, 08:10 PM
Just got 2/3 of my block to sign my petition! The rest were not home, so I left flyers.

Next, I send a packet of over 100 pages to the local ACLU to see if they are willing to help. After all, it's really all about the 1st amendment.


Good Luck. Congrats on all of the signatures. Hopefully the HOA will grow a brain before it costs them too much.

Keep us informed. Every journey begins with that FIRST STEP. You have started the journey.

Marcus Aurelius
04-06-2013, 09:37 PM
Found a story online on Today News, where a GA woman got sued by her HOA for a pink playhouse she put up for her daughter. The suit was eventually dropped.

Emailing details to TODAY, to see if they are interested.

aboutime
04-07-2013, 10:43 AM
Found a story online on Today News, where a GA woman got sued by her HOA for a pink playhouse she put up for her daughter. The suit was eventually dropped.

Emailing details to TODAY, to see if they are interested.


Marcus. Sounds good. Been thinking about your Location in GA. And thought..just maybe. The people you are dealing with on the HOA. Really have no idea what the word TARDIS means.

If you changed the name to OUTHOUSE, or PHONEBOOTH...they might remember their 2nd grade classes of spelling, and grammar.

Marcus Aurelius
04-07-2013, 11:15 AM
Marcus. Sounds good. Been thinking about your Location in GA. And thought..just maybe. The people you are dealing with on the HOA. Really have no idea what the word TARDIS means.

If you changed the name to OUTHOUSE, or PHONEBOOTH...they might remember their 2nd grade classes of spelling, and grammar.

LOL..>GA was the lady with the pink playhouse... I'm in PA.

aboutime
04-07-2013, 04:17 PM
LOL..>GA was the lady with the pink playhouse... I'm in PA.


Pardon me. It's gettin so everything dumb seems to be melting into one...UNIFORM package.
My BRAIN FARTS often happen late. But I enjoy being confused. It makes it much easier to understand Robert.

tailfins
04-07-2013, 05:11 PM
Just got 2/3 of my block to sign my petition! The rest were not home, so I left flyers.

Next, I send a packet of over 100 pages to the local ACLU to see if they are willing to help. After all, it's really all about the 1st amendment.


In that case you are wasting lots of time on the symptom when you could just as easily could cure the disease. Why not just replace the HOA board? You could TEMPORARILY paint your tardis until the board is changed.

Drummond
04-07-2013, 07:36 PM
Just sent my own email to them in support, Marcus (.. using your draft). Have also just added your Facebook page as a 'Like' in my interests ...

aboutime
04-07-2013, 07:55 PM
Just got 2/3 of my block to sign my petition! The rest were not home, so I left flyers.

Next, I send a packet of over 100 pages to the local ACLU to see if they are willing to help. After all, it's really all about the 1st amendment.


Just gave my 2 cents on FB in your behalf. Hope it spreads.

Kathianne
04-07-2013, 08:06 PM
Just got 2/3 of my block to sign my petition! The rest were not home, so I left flyers.

Next, I send a packet of over 100 pages to the local ACLU to see if they are willing to help. After all, it's really all about the 1st amendment.

I don't see this as a 1st amendment issue, but heh, I'm not a lawyer. You live in an area voluntarily controlled by a HOA. They didn't respond to your query in stated time, you went forward. Now they are threatening to fine you. Wrong on their count, certainly they should have noticed their failure and tried for a compromise.

Now the question with their being jerks, can you find a pro bono to help? Can you find a preponderance of support that will not only answer the question of 'neighborhood approval,' but also the problem of their not addressing in a timely fashion, by their own rules?

It's not first amendment, but rule of law. Which may not buy you an attorney, but could help you win your case. Keep up the signatures and xerox plenty of copies of 15 day rule.

Marcus Aurelius
04-07-2013, 08:15 PM
In that case you are wasting lots of time on the symptom when you could just as easily could cure the disease. Why not just replace the HOA board? You could TEMPORARILY paint your tardis until the board is changed.

elections were held about 2 months ago for the year. I'd need 75% or so of the entire community to force a new election. My block is only part of the community.

Marcus Aurelius
04-07-2013, 08:16 PM
Just sent my own email to them in support, Marcus (.. using your draft). Have also just added your Facebook page as a 'Like' in my interests ...

many thanks!

Marcus Aurelius
04-07-2013, 08:17 PM
Just gave my 2 cents on FB in your behalf. Hope it spreads.

many thanks!

Marcus Aurelius
04-08-2013, 03:21 PM
Just sent emails and details to a few more news stations in Philly. Lets see if they are interested.

Marcus Aurelius
04-09-2013, 04:45 PM
packet for ACLU (100 plus pages) is in the mail!

Marcus Aurelius
04-09-2013, 10:28 PM
http://imgur.com/a/tdDqi/embed

more pics of the TARDIS

cadet
04-09-2013, 10:59 PM
I love it!
And I hope you don't mind me writing an email in my own words! ;)

Marcus Aurelius
04-10-2013, 09:27 AM
I love it!
And I hope you don't mind me writing an email in my own words! ;)

As long as you're respectful and don't threaten to send anyone spinning into the time vortex, that's cool. :laugh:

Marcus Aurelius
04-10-2013, 09:28 AM
Just started a Twitter feed, folks... please follow, and ask your friends to follow too1

https://twitter.com/SaveMyTARDIS

glockmail
04-10-2013, 10:13 AM
...
I waited over a month, and heard nothing. I then found rule #26 in the association rulebook, which states......

Dude, I made plans for a tidy little wood shed with open sides. It consisted of six 4x4 posts and a tiny roof with cedar shakes. I hand delivered the plans to the President of the HOA, then waited for the 30 days for them to take action.

Previous to this the president and board had proposed to spend ridiculous amounts of money on a designer roof to our pool house, purchase a lot and put a gazebo on it, designer sign posts for the street and stop signs (later found to be illegal according to the town), and a few other stupid things. This was to be paid for by a sizable assessment. To top it off they claimed no change to the annual dues, even though out maintenance costs would have increased substantially. Without going into details, I thwarted their plans, and they used every hateful, infantile tactic to try and get my neighbors to shun me.

29 days after hand delivering my plans, I received by regular mail a letter denying my request, stating that my wood shed was a "fuel tank" and thus had to be screened, so kindly resubmit with a description of the screening.

On day 31 I talked to the one neighbor of mine who would be able to see the shed and asked him if he objected to it. He told me that he didn't, so I built it.

The president, who by the way is an attorney, then sent me a letter telling me to demolish the shed. I called him up and told him that I had given him 30 days and since I received no response, he had given me permission by default. He told me he mailed a letter; I denied getting it. He told me that I should have sent him a letter telling him that I had not received it, and I asked him where that requirement was stated in the HOA ordinance. He didn't have an answer to that. And he had no legal recourse against me. :laugh:

cadet
04-10-2013, 10:14 AM
As long as you're respectful and don't threaten to send anyone spinning into the time vortex, that's cool. :laugh:

Too late for that! Time vortexes are where threats are born! :laugh2:

Why not just use your Tardis to go back and change the approved colours?

Marcus Aurelius
04-10-2013, 10:17 AM
Dude, I made plans for a tidy little wood shed with open sides. It consisted of six 4x4 posts and a tiny roof with cedar shakes. I hand delivered the plans to the President of the HOA, then waited for the 30 days for them to take action.

Previous to this the president and board had proposed to spend ridiculous amounts of money on a designer roof to our pool house, purchase a lot and put a gazebo on it, designer sign posts for the street and stop signs (later found to be illegal according to the town), and a few other stupid things. This was to be paid for by a sizable assessment. To top it off they claimed no change to the annual dues, even though out maintenance costs would have increased substantially. Without going into details, I thwarted their plans, and they used every hateful, infantile tactic to try and get my neighbors to shun me.

29 days after hand delivering my plans, I received by regular mail a letter denying my request, stating that my wood shed was a "fuel tank" and thus had to be screened, so kindly resubmit with a description of the screening.

On day 31 I talked to the one neighbor of mine who would be able to see the shed and asked him if he objected to it. He told me that he didn't, so I built it.

The president, who by the way is an attorney, then sent me a letter telling me to demolish the shed. I called him up and told him that I had given him 30 days and since I received no response, he had given me permission by default. He told me he mailed a letter; I denied getting it. He told me that I should have sent him a letter telling him that I had not received it, and I asked him where that requirement was stated in the HOA ordinance. He didn't have an answer to that. And he had no legal recourse against me. :laugh:

A lawyer... told you you should have sent him a letter... telling him you did not receive a letter from him... that you did not even know about as you had not received it? WTF?



The permission by default thing would only apply if you too had a 'Rule #26'.

aboutime
04-10-2013, 01:45 PM
Just started a Twitter feed, folks... please follow, and ask your friends to follow too1

https://twitter.com/SaveMyTARDIS


Marcus. Let me apologize, telling you I DO NOT tweet. There really are TOO MANY CRAZIES out there, and Twitter is like an electronic BUBONIC plague that instantly spreads nationwide, if not worldwide.
I do appreciate your efforts to get the word out. But Facebook is the limit for me.
Still wish you luck, fighting the growing DUMBNESS of America..in person.

Marcus Aurelius
04-10-2013, 01:59 PM
Marcus. Let me apologize, telling you I DO NOT tweet. There really are TOO MANY CRAZIES out there, and Twitter is like an electronic BUBONIC plague that instantly spreads nationwide, if not worldwide.
I do appreciate your efforts to get the word out. But Facebook is the limit for me.
Still wish you luck, fighting the growing DUMBNESS of America..in person.

There is absolutely no need to apologize for that. It's a big world, and every little bit helps. Some things are not for everyone. No worries, mate!

Marcus Aurelius
04-11-2013, 10:57 PM
CBS 3 called me back. They say they can't help, and to go to court. Duh. Was looking for publicity, not for them to resolve the issue.

DragonStryk72
04-12-2013, 02:25 AM
CBS 3 called me back. They say they can't help, and to go to court. Duh. Was looking for publicity, not for them to resolve the issue.

Contract lawyer. You need a contract lawyer. because that's what the housing agreement is, and it's what they're breaking.

Marcus Aurelius
04-12-2013, 09:56 AM
Doing a GOOGLE search, and I found a list of about 30 pro bono legal service groups here in PA. Going to compose a short, but detailed letter & send it to each and every one. Hopefully, one will be willing to assist me in dealing with my HOA. Wish me luck, and keep those emails, calls and letters to my HOA coming!

Abbey Marie
04-12-2013, 12:36 PM
Dude, I made plans for a tidy little wood shed with open sides. It consisted of six 4x4 posts and a tiny roof with cedar shakes. I hand delivered the plans to the President of the HOA, then waited for the 30 days for them to take action.

Previous to this the president and board had proposed to spend ridiculous amounts of money on a designer roof to our pool house, purchase a lot and put a gazebo on it, designer sign posts for the street and stop signs (later found to be illegal according to the town), and a few other stupid things. This was to be paid for by a sizable assessment. To top it off they claimed no change to the annual dues, even though out maintenance costs would have increased substantially. Without going into details, I thwarted their plans, and they used every hateful, infantile tactic to try and get my neighbors to shun me.

29 days after hand delivering my plans, I received by regular mail a letter denying my request, stating that my wood shed was a "fuel tank" and thus had to be screened, so kindly resubmit with a description of the screening.

On day 31 I talked to the one neighbor of mine who would be able to see the shed and asked him if he objected to it. He told me that he didn't, so I built it.

The president, who by the way is an attorney, then sent me a letter telling me to demolish the shed. I called him up and told him that I had given him 30 days and since I received no response, he had given me permission by default. He told me he mailed a letter; I denied getting it. He told me that I should have sent him a letter telling him that I had not received it, and I asked him where that requirement was stated in the HOA ordinance. He didn't have an answer to that. And he had no legal recourse against me. :laugh:

Only a fool would send a letter like that without any proof of delivery. :laugh2:

aboutime
04-12-2013, 01:00 PM
CBS 3 called me back. They say they can't help, and to go to court. Duh. Was looking for publicity, not for them to resolve the issue.


CBS 3 wouldn't want all of it's Like-Minded, HOA, Liberal members to be upset if one of their Wannabe, Pretend Journalism student dropouts made any effort to defend, or help you.

ABC, CBS, NBC, CNN, PBS, PMSNBC would never take sides with any SUSPECTED Law-abiding Conservative.

Look at how they are IGNORING the 2nd Amendment fight.

tailfins
04-12-2013, 01:56 PM
Only a fool would send a letter like that without any proof of delivery. :laugh2:

Greed leads to foolishness. The HOA was too cheap to pay for proof of delivery.

Abbey Marie
04-12-2013, 03:23 PM
Greed leads to foolishness. The HOA was too cheap to pay for proof of delivery.

Could just as easily be lack of knowledge, laziness, or even just an employee messing up.

Marcus Aurelius
04-12-2013, 04:21 PM
Just got a voice mail form my congressman's office, asking me to call him back Monday!

I would expect them to have left a voice mail saying nothing they could do rather than ask for a call back... so, I guess that's a good sign, right?

aboutime
04-12-2013, 04:28 PM
Just got a voice mail form my congressman's office, asking me to call him back Monday!

I would expect them to have left a voice mail saying nothing they could do rather than ask for a call back... so, I guess that's a good sign, right?


Marcus. Depending on WHO your congress member is. They may just be hoping YOU will forget, or they have plans on NOT BEING AVAILABLE on Monday. That's the normal political tactic. Unless you voted for them, and believe there is a chance for Honor.

glockmail
04-13-2013, 03:15 PM
A lawyer... told you you should have sent him a letter... telling him you did not receive a letter from him... that you did not even know about as you had not received it? WTF?



The permission by default thing would only apply if you too had a 'Rule #26'.

"Rule 26" is standard language. The HOA just can't ignore a request.

Yeah, the guy was stupid enough to trust someone he was trying to screw. What a fool.

glockmail
04-13-2013, 03:18 PM
Only a fool would send a letter like that without any proof of delivery. :laugh2: He lives two doors down and could have hand delivered it with one of his co-conspirators as a witness. I guess he was afraid to do that.

Marcus Aurelius
04-15-2013, 10:48 AM
well, returned the call to the congressman's office, but the guy was on another call. waiting for a call back.

Tag, you're it!

fj1200
04-15-2013, 12:15 PM
ACLU? Congress? What's the strategy again?

Marcus Aurelius
04-15-2013, 12:19 PM
ACLU? Congress? What's the strategy again?

Strategy is to seek help from all quarters until I find it, or quarters are exhausted.

fj1200
04-15-2013, 12:21 PM
Strategy is to seek help from all quarters until I find it, or quarters are exhausted.

I guess I'm confused as to what those particular quarters can offer as far as help goes.

Marcus Aurelius
04-15-2013, 12:37 PM
I guess I'm confused as to what those particular quarters can offer as far as help goes.

Don't worry your pretty little head :laugh2:

fj1200
04-15-2013, 12:47 PM
Don't worry your pretty little head :laugh2:

I won't. Good luck. :rolleyes:

Get BO to call in a drone strike. He doesn't like the competition from local dictator wannabes so that may help.

Marcus Aurelius
04-15-2013, 12:50 PM
I won't. Good luck. :rolleyes:

Get BO to call in a drone strike. He doesn't like the competition from local dictator wannabes so that may help.

well, maybe they can drop leaflets or something.

aboutime
04-15-2013, 03:16 PM
Strategy is to seek help from all quarters until I find it, or quarters are exhausted.


Did you happen to make that call to the Politician????

Marcus Aurelius
04-15-2013, 03:20 PM
Did you happen to make that call to the Politician????

post #86...lol

aboutime
04-15-2013, 03:25 PM
post #86...lol


Too bad.

Marcus Aurelius
04-15-2013, 03:28 PM
Too bad.

no worries. If he's too busy to call today, I'll try him again tomorrow.

Marcus Aurelius
04-16-2013, 09:12 AM
Had a dream last night that my HOA blew up my TARDIS shed :-(

Marcus Aurelius
04-16-2013, 10:18 AM
Well, I spoke with Congressman Gerlach's office. The gentleman I spoke to was familiar with Doctor Who, and seemed to like the idea of a TARDIS shed. However, he did not think there was anything they could do at the federal level at this time. He did point me to Becky Corbin, State Representative. Her office is here in town, and I emailed to see if she can help or further direct me. Here's hoping!

Marcus Aurelius
04-20-2013, 12:34 PM
found a list online of about 50 pro-Bono legal groups in PA. printing out letters and envelopes now.

aboutime
04-20-2013, 03:58 PM
found a list online of about 50 pro-Bono legal groups in PA. printing out letters and envelopes now.


Just NEVER GIVE-UP! Or GIVE-IN!

This is still OUR country, not the minority made of sick, selfish, idiots.

Marcus Aurelius
04-26-2013, 11:24 AM
Have a lead on a lawyer who may be able to help me. Referral from a friend and fellow Whovian. More later.

aboutime
04-26-2013, 01:33 PM
Have a lead on a lawyer who may be able to help me. Referral from a friend and fellow Whovian. More later.


Good to hear. Stick to it. Don't give up, or in.

Marcus Aurelius
06-29-2013, 11:42 AM
Well, I have not talked to my friends lawyer yet, but it looks like the HOA may have backed off on the threat of fines!

One of the rules for getting a pool pass is that you must not be in violation of any architectural committee rules or regulations. Well, I just picked up my pool passes for the year. So, since they issued the pool passes without question or comment, they are essentially admitting I am not in violation of any architectural committee rules or regulations!

I win.

Of course, I'll still discuss everything with my friends lawyer, just in case. ;-)

aboutime
06-29-2013, 12:58 PM
Well, I have not talked to my friends lawyer yet, but it looks like the HOA may have backed off on the threat of fines!

One of the rules for getting a pool pass is that you must not be in violation of any architectural committee rules or regulations. Well, I just picked up my pool passes for the year. So, since they issued the pool passes without question or comment, they are essentially admitting I am not in violation of any architectural committee rules or regulations!

I win.

Of course, I'll still discuss everything with my friends lawyer, just in case. ;-)


Great news! ​Silence is Golden!

Voted4Reagan
06-29-2013, 01:24 PM
Well, I have not talked to my friends lawyer yet, but it looks like the HOA may have backed off on the threat of fines!

One of the rules for getting a pool pass is that you must not be in violation of any architectural committee rules or regulations. Well, I just picked up my pool passes for the year. So, since they issued the pool passes without question or comment, they are essentially admitting I am not in violation of any architectural committee rules or regulations!

I win.

Of course, I'll still discuss everything with my friends lawyer, just in case. ;-)

I had your Tardis transport a Dalek to the HOA and exterminate them...

Good news is your TARDIS is safe.... Bad news..... There's a Dalek in your neighborhood.

Perhaps I should have sent Cybermen?

Live and Learn

Marcus Aurelius
06-29-2013, 01:46 PM
I had your Tardis transport a Dalek to the HOA and exterminate them...

Good news is your TARDIS is safe.... Bad news..... There's a Dalek in your neighborhood.

Perhaps I should have sent Cybermen?

Live and Learn

LOL.. this years project (still in the planning stages) is a working K-9. I think he can probably handle himself against the Daleks.

Voted4Reagan
06-29-2013, 01:48 PM
lol.. This years project (still in the planning stages) is a working k-9. I think he can probably handle himself against the daleks.

affirmative!

Marcus Aurelius
06-29-2013, 02:00 PM
affirmative!

Affirmative 'Master'.