Board taking homeowner to court

Started by NancyG3 • 21 replies • 2237 views

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NancyG3 (North Carolina)
Posts: 342

Posted:

Some of you remember me having a forum in 2010 regarding a drainage pipe put on my property with no easement or permit and I stopped them because they didn't have a permit to hook into a stormwater drainage basin. They needed to contact the NC Division of Water Quality for the permit. I took the Board to small claims because I removed the pipe because the water had no where to go and was ruining my back property. Then I sued for damages. The magistrate said I didn't prove my damages so I lost. Now almost 2 years later Our Board finally extended my landscaping easement to include the pipe and Jan 2012 a permit was issued to hook into the basin at the corner of my property. Now the Board has filed a claim in small claims court against me for $1,000. deductible paid to Insurance Company and $325.09 for replacement of drainage pipe as evidenced by bill from landscaper. After the 13th of Nov this matter should be over. Win or lose I'm hoping it will be the end to it. My Attorney says we will win because we can prove they put the pipe on my property without and easement or permit. And just because now they received the easement and permit 2 years later I should not have to pay them. I will update this after the 13th so it will be closed for good. Thanks to everyone for the input in the past. It did help. Keep your fingers crossed for me. Till later. Nancy

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nancy,

Since you were posting under a different name at that time, I won't link to that post.
I wish you luck. Please keep us informed.

Tim

NancyG3 (North Carolina)
Posts: 342

Posted:

Tim - Thanks for your support. Went to court today. The HOA Assn lost their case. I owe them nothing. I can only hope that our Board learned they can not go onto the homeowners property without doing all the legal paper work first.

I appreciate everyones comments on my original post in 2010 under NancyG1.

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By NancyG3 on 11/13/2012 5:28 PM
Tim - Thanks for your support. Went to court today. The HOA Assn lost their case. I owe them nothing. I can only hope that our Board learned they can not go onto the homeowners property without doing all the legal paper work first.

I appreciate everyones comments on my original post in 2010 under NancyG1.

Great! Glad you won and sorry that you had to go through the legal mess.

NancyG3 (North Carolina)
Posts: 342

Posted:

JM10 - Thank you. Nancy

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nancy,

That's great news. It's always a shame when Board members dig in their heels when they "think" they are right vs. taking the time to verify what they are doing is the correct procedure. It's also a shame that the Associations Attorney didn't tell the Board that the case would likely be lost (of course maybe the Board didn't give the attorney all the information associated with the issue).

Since you provided the name your original post was posted under, I'll provide that link so others will understand the issue:
Subject: HOA Board installing drainage pipe without a permit

CW6 (Delaware)
Posts: 11

Posted:

Nancy,

So glad to hear you won your case, congratulations. I've been silently rootin for you. This will send a very loud message to your HOA Board members. If you feel like sending more details about what happened in court, please do.

NancyG3 (North Carolina)
Posts: 342

Posted:

Thanks again Tim.

I will say this and no more. The Association Attorney did tell the Board that the $1,000. they claimed as the deductible they paid to the insurance company (in fact it was for attorney's fees) could not be claimed because nothing was awarded to anyone from my suit. This info was in the minutes. I know the following is hearsay because I wasn't at the meeting but the President told the Board they would probably have to eat the cost of replacing the pipe. So they knew. I believe this was done just for harassment and a get even action.
But, it's over and done. Finally.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By NancyG3 on 11/14/2012 4:21 AM

But, it's over and done. Finally.

Yep, Time to move on and enjoy life again. Consider it an early Christmas present that the issue is resolved before the holidays.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Nancy

I am happy for you.

That said, personally I would have paid the original $325.00 years ago just to get it off my plate.

JonD1
Posts: 2,350

Posted:

Before I jump in on the alls well that ends well bandwagon lets review.

The HOA installed a drain pipe of somekind on the poster's property. The poster believing it was done improperly decided she was within her rights to remove the pipe.

1)HOA= Neighbors paid for pipe.

Now the poster decides to take the HOA to court becuase in her opinion they failed to obtain required permits.

2)HOA= Neighbors paid for lawyer to defend lawsuit.

Poster loses case in court.

HOA bills poster $300+ to recoup the cost of her uninstalling the original pipe. Poster fights the bill and goes to court for second time.

3) HOA=Neighbors paid to have a lawyer represent them in this matter.

Court rules in favor of poster leaving each and every one of these bills to be covered by the HOA or by the neighbors who live on the property.

And this is a good ending?

I just have to wonder what it cost the poster to fight a $300 bill in legal fees?

I just have to wonder how the poster's neighbors are now acting towards her after all of this? In one of the posts from long ago at least one was not happy.

So you cost your property money, you lost in court defending your decision to remove the pipe and you left your neighbors with the bill to install the same pipe twice!
If I resided in this property I would not celebrate this series of events. But let the party continue!

NancyG3 (North Carolina)
Posts: 342

Posted:

JonD I was hoping this would not happen, but, I can't let you get away with what you have written. I have 2 words for you. Guess what they are. What about the Board's negligence in what they did. Did they think about the homeowner's they are suppose to protect and the money they spent. I think I told you once before it wasn't the money with me. Also at some point they need to be stood up to and proved they weren't right. The Board didn't have to do what they did, all they needed to do was make one phone call and they chose not to. There is no party. By the way in reply to your #1 - Everything I did was upon advise of an Attorney, State and Town. In court I didn't prove my damages that is all I sued for. #3 - The Board didn't have an Attorney for their suit so the neighbors didn't pay anything but court cost under $100. You would be amazed how many neighbors have congratulated me. I wish you did reside in this property and this community and taken the abuse and bullying maybe you would feel differently. Now I say to you enough is enough.

Folks this is enough. It's over and done. The end.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jon,

If you recall, the original thread about the drain pipe indicated that the city agreed with the original poster that the drain pipe was installed improperly and without permits. Therefore, improper installation appears to be a fact vs. a belief.

It was the Association who failed to get the proper permits and dismissed the original poster when they questioned the board about it. It was the Association who initiated additional legal action to try and collect money from the original poster because they wanted the work done properly.

Had the Board done things correctly the first time, there would have been no issues and no legal fight.

Hopefully the neighbors will set the blame where, in my opinion, it belongs - on the Board and not on the member who just wanted the job done properly.

JM10 (California)
Posts: 503

Posted:

I was offended by JonD. I know what it is like to be bullied and a want to again applaud you standing up to your board. Having been through this, I know that the time and money and frustration kept you away from things you wanted to do and probably other people would ahve let the board get away with what they did.

So again, I give you my support and if I was your neighbor, I would be out there thanking you for all your time and efforts.

JonD1
Posts: 2,350

Posted:

Posted By TimB4 on 11/14/2012 9:20 AM
Jon,

If you recall, the original thread about the drain pipe indicated that the city agreed with the original poster that the drain pipe was installed improperly and without permits. Therefore, improper installation appears to be a fact vs. a belief.

It was the Association who failed to get the proper permits and dismissed the original poster when they questioned the board about it. It was the Association who initiated additional legal action to try and collect money from the original poster because they wanted the work done properly.

Had the Board done things correctly the first time, there would have been no issues and no legal fight.

Hopefully the neighbors will set the blame where, in my opinion, it belongs - on the Board and not on the member who just wanted the job done properly.

Tim the facts you now represent are sourced by one person only. The OP.

Now if the pipe was installed without permits it is NOT the OP's job to remove the pipe. Go to court and let the court decide.

In the end the OP went to court. And she LOST! Now that is explained away by they not having a lawyer and YOUR description of some technicality.

Now the same pipe is re-installed and the HOA pays the cost again for the second time. Great!

More than two years of this nonsense and in the end Nancy here thinks she won! So the HOA installed a pipe, the OP made a federal case out of it, now the pipe with permits is installed so just what was won?

Wonder why the OP's neighbors have bad feelings towards her? I don't.

Do you think over this 2+ year time period this Board may have had other things to do? Probably not............
Better to go back and forth over $300.

And this is seen as a win?????????? Not in my neighborhood.

GlenL (Ohio)
Posts: 5,491

Posted:

I think the term we're looking at her is - Pyrrhic Victory.

Studies show that 5 out of 4 people have problems with fractions

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By GlenL on 11/14/2012 11:25 AM
I think the term we're looking at her is - Pyrrhic Victory.

I think you speak too soon. I'd be glad if the board of my former HOA had a reason to think twice before forgetting to get the proper permits, etc. I'm a huge fan of following building/licensing/contracting laws though (as well as all the old "Law & Order" shows).

If I want something Mickey Moused...I'll wave my magic wand and Disneyfy the world and expect Goofy as my handyman.

GlenL (Ohio)
Posts: 5,491

Posted:

JM I think you are missing the point. Should the Board have pulled the proper permits? Yes but instead of relying on self help, the OP should have reported it to the proper authorities and let them deal with it.

Studies show that 5 out of 4 people have problems with fractions

NancyG3 (North Carolina)
Posts: 342

Posted:

Glen - Stop it. You've had your say and it is your opinion.

To the other folks, please stop posting about this. It is over and done with. Let's not cause hard feeling against each other. This is a very important site and your opinions and expertise are valued by a lot of people.

Thanks,
Nancy

NancyG3 (North Carolina)
Posts: 342

Posted:

Glen - I did report it to the proper authorities and they did deal with it. They contacted the Board and advised the Board what they had to do and it took them almost 2 years to accomplish the paper work. There is a lot of things you don't know what happened in those 2 years. Example - false survey, information not correct to State. I wasn't involved in this, it was between the Board and the State of NC.

Please stop with the misinformation.

JonD1
Posts: 2,350

Posted:

Quote:

Posted By GlenL on 11/14/2012 12:26 PM
JM I think you are missing the point. Should the Board have pulled the proper permits? Yes but instead of relying on self help, the OP should have reported it to the proper authorities and let them deal with it.

BINGO! AND WHAT HAS HE WON??????

A TRIP TO COMMON SENSE LAND FOR TWO!!!

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By JonD1 on 11/14/2012 2:54 PM

BINGO! AND WHAT HAS HE WON??????

A TRIP TO COMMON SENSE LAND FOR TWO!!!

wow...you have made your point, lets move on please

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