Re: HOA parking assignment

Subcomandante <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
>
> "JD" <[EMAIL PROTECTED]> wrote in message
> news:[EMAIL PROTECTED]
> >
> > "Subcomandante" <[EMAIL PROTECTED]> wrote in message
> > news:[EMAIL PROTECTED]
> > >
> > > "JD" <[EMAIL PROTECTED]> wrote in message
> > > news:[EMAIL PROTECTED]
> > > >
> > > > Subcomandante <[EMAIL PROTECTED]> wrote in message
> > > > news:[EMAIL PROTECTED]
> > > > >
> > > > > "JD" <[EMAIL PROTECTED]> wrote in message
> > > > > news:[EMAIL PROTECTED]
> > > > > >
> > > > > > "Subcomandante" <[EMAIL PROTECTED]> wrote in message
> > > > > > news:[EMAIL PROTECTED]
> > > > > > >
> > > > > > > "JD" <[EMAIL PROTECTED]> wrote in message
> > > > > > > news:[EMAIL PROTECTED]
> > > > > > > >
> > > > > > > > JT <[EMAIL PROTECTED]> wrote in message
> > > > news:[EMAIL PROTECTED]
> > > > > > > > > Question -- the condo association where we live has
assigned
> > > > parking
> > > > > > > > spaces,
> > > > > > > > > one per unit, which have been the same since the units
were
> > built
> > > > 30
> > > > > > years
> > > > > > > > > ago.  The assigned locations have been based on proximity
to
> > > > units.
> > > > > > > > > Recently, a new board member was elected who decided to
change
> > our
> > > > > > > > assigned
> > > > > > > > > spot into visitor parking, and assign our spot further
away
> > where
> > > > > > visitor
> > > > > > > > > parking used to be, without contacting us.  We only
noticed
> > once
> > > > the
> > > > > > spots
> > > > > > > > > were repainted.  This board member lives across the street
> > with an
> > > > > > > > existing
> > > > > > > > > adjacent parking spot, where this new visitor spot is the
next
> > > > closest
> > > > > > to
> > > > > > > > > her unit.  I approached this board member about this and
she
> > > > stated
> > > > > > that
> > > > > > > > she
> > > > > > > > > has "an old grandpa that visits" and that she needs the
> > visitor
> > > > spots
> > > > > > more
> > > > > > > > > than others.  The HOA regulations probably state something
> > like
> > > > the
> > > > > > board
> > > > > > > > > has full authority to assign parking spaces, etc.  Is
there
> > any
> > > > legal
> > > > > > > > > recourse in this situation?
> > > > > > > >
> > > > > > > > When you purchased the property you also purchased a parking
> > space
> > > > > > > > identified by a number. I don't believe anyone has the right
to
> > > > change
> > > > > > the
> > > > > > > > location and you likely have a cause for legal action if
they do
> > not
> > > > > > restore
> > > > > > > > your space.
> > > > > > > >
> > > > > > > > I would also check the board minutes to see if the change
was
> > > > approved,
> > > > > > was
> > > > > > > > it properly noticed, what the justification was and who paid
for
> > it.
> > > > > > > >
> > > > > > > >
> > > > > > > In the socialism and the HOA you do not own anything only a
> > certain
> > > > space
> > > > > > and
> > > > > > > duty to abide by some lesbian fatso's idiotic rules.
> > > > > > > -Sub
> > > > > >
> > > > > > Wrong. There is no blanket policy although I can tell you that
every
> > > > condo
> > > > > > project I was ever involved in had the parking spaces on the
parcel
> > maps
> > > > > > with their own legal description that was tied to the deed. This
is
> > very
> > > > > > specific and not much different than a deed for an acre in the
> > hills.
> > > > > >
> > > > > >
> > > > > Look, I had to sue the Woodside Village HOA for my parking spot
which
> > was
> > > > deeded
> > > > > to me. As result of the enforcement of my deed the association
> > published
> > > > on the
> > > > > WEB that I have sued widow and therefore I am an asshole. Never
mind
> > that
> > > > this
> > > > > fucking bitch was happily married when I filed suit and husband
> > croaked
> > > > year
> > > > > later.
> > > > > The HOA is socialistic jungle ruled by power of people same as in
> > China or
> > > > Cuba.
> > > > > -Sub
> > > >
> > > > That's why we have courts. If your space was properly deeded then I
> > suspect
> > > > you won. I never said you would not have to act to protect your
property
> > > > rights and a deed is certainly no guarantee that some people won't
be
> > > > vindictive when they force you to do so.
> > > >
> > > > Did you win?
> > > > Is your space identified by more than a number in your deed?
> > > > Is a recorded site plan referenced in your deed?
> > > >
> > > >
> > > That's why we have courts?
> > > Here is a twist to our fantastic Judicial system.
> > > In this specific cause of action I have sued both the owner and the
> > association
> > > for my parking space.
> > > The owner settled because she had no defenses.
> > > So upon a settlement, I have dismissed both causes of action against
owner
> > and
> > > the HOA since there were no more claims against the HOA.
> > > Being a firs timer in the US corrupt litigation system, I have made
> > strategic
> > > mistake. The HOA filed motion for attorneys fees for about $24,000.00
> > stating
> > > that dismissal is admission of not being able to sustain litigation
and
> > > therefore the HOA is prevailing party. After several motions judge
agreed
> > with
> > > the HOA and ruled against me doing me a big favor by reducing the
attorney
> > fees
> > > from $24,000 to $10,000.
> > > And that was my only loss against the Woodside Village HOA.
> > > So my deeded parking spot cost me $10,000.
> >
> > Sorry, but it sounds like you didn't handle things properly. You should
have
> > proceeded with the suit. You ahould have ad an attorney. There are many
> > things that went wrong.
> >
> Unfortunately, I had an attorney (my firend to)  and it was his stupid
advise to
> dismiss.
> Now when I do my own lawsuits I do much better. Considering that judges
are bias
> against "in pro per's".
>
>
>
>
> > > For that I will do anything in my legal power to destroy the
Socialistic
> > HOA
> > > concept of peoples power.
> > > Anyone want to join me?
> > > Soon or later you will be the next casualty.
> >
> > First of all, I will never, ever, purchase a property with a HOA.
> >
> > However, I would love to do something to fix the problem. I believe that
> > HOA's are inherently problematic and anyone who believes their's is
good,
> > efficient and fair is dumb, stupid, submissive, naive, or hasn't lived
long
> > enough to see the misery that evil, petty, little people can spread.
> >
> >
> At least someone is agreeing with me at this forum.
> It is not only HOA it is judiciary, medicine, drug war, everything in this
> country is getting socialized and people are so stupid that they cannot
see it.
> That is enormously frustrating to me.
> I see that if people will not wake up it is the end of the Americanism as
we
> know it.
> -Sub

I've never disagreed with your views on HOA's and their inherent problems. I
have disagreed with you on the application of state law.

Your cause would be better served if you can see and maintain the
distinction. You would also be better served by not mixing issues.

Your parking situation was clearly a property ownership issue, not a HOA
issue. It just so happened that the offending party was a HOA but in
reality, there was no difference between your case and if my neighbor builds
a fence on my property.

Of course, everything I'm saying about your case is predicated on the proper
description and recordation of your parking space. It is conceivable that
you live in a complex where you merely have the right to the use of a space.
You deed may also mention the space by its number, however, if it's not set
by a legal description and accompanying parcel map, the HOA can renumber
spaces.

As I previously said, every condo I've ever worked with had properly
delineated parking. I have no reason to believe that yours does not. So, I
feel that your property has been unlawfully taken and you still have a right
to it depending on the wording of your settlement. My fear is that you
negotiated your claim to the original space away. If that's the case, there
still may be room for you to reclaim your prperty if you lost in under false
pretenses and more importantly, if the transfer was not properly deeded and
recorded.

The first thing you need to do is read your deed. Make sure you understand
precisely how the parking was defined and then see how that meshes with your
settlement.

These situations frustrate me. Your attorney screwed you and since he is/was
a friend, you may be reluctant to take action against him.

Have you posted the facts about your case including parcel maps? Also, have
you posted the settlement? I'd love to see them.

Finally, if you had a settlement, how in the hell can they come after you
for attorney fees?