Re: HOA parking assignment

"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]
> > > > > > >
> > > > > > > "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.
>
The parking spot is not mine it belongs to the HOA. However, I have deeded
exclusive easement to it.  In addition the HOA was protecting other party when I
tried to assert my exclusive easement rights by towing and parking my car at
that spot. They threaten charging me with disturbing of peace. So the HOA was
properly charged in the complaint.


> 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.
>
Yes it is.



> 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.
>
No, it is a OK now, by the way it happened about 6 years ago.


> 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.
>
Yes and No. Main problem is pro HOA biased judiciary against homeowners.



> Have you posted the facts about your case including parcel maps? Also, have
> you posted the settlement? I'd love to see them.
>
It developed in big case which was appealed. Boxes of papers. You can always go
to OC court house and see case #763746 and appellate case G021678.


> Finally, if you had a settlement, how in the hell can they come after you
> for attorney fees?
>
>
The settlement was with the Homeowner not with the HOA. Separate cause of action
based on same issue. The only problem in this case was an asshole judge pro tem
senile retired moron at Orange County Superior Court who failed to recognize
that a dismissal in this case was based on my prevailing against the homeowner,
and therefore, any further litigation against the HOA was without merits. I have
regained my easement to the parking spot it just cost me totally about
$15,000.00


The association lost about $100,000.00 and I have declared bankruptcy they
didn't got a penny.
However, the war continues and will until my decisive victory against the
Woodside Village HOA will be achieved.
-Sub