Judge as Neighbor

Has anyone read the article on the HOA News page about the Judge in MI who sued her HOA and is going door to door for signatures because her HOA does not allow her 6' x 6' plastic storage shed?

Would hate to have her as a neighbor.

It sounds like the judge is a perfect fit for her community. I have seen the photos of the "shed" and it is hardly an eyesore.

I agree. Judge or trash picker, she is going about it properly.

I would trust a judge to interpret the HOA bylaws much better than a bunch of HOA board volunteers. Its a very reasonable request and it appears she is within her rights. At the end of the day, that is all that matters.

Seems to me you have some dimwit board members who dont know how to read legal documents. Which is not uncommon among HOA's.

I saw the situation quite differently.

History from the article:

HOA determines that shed violates HOA guidelines. Board votes 15-1-3 that shed must be removed.
The day before HOA is going to file suit for removal of the shed, Judge files suit against the HOA.
HOA counter-sues that Judge's husband is running a business out of home which is also a violation.

HOA relies on rule that “No detached garages, boat houses, or any other building other than the single family dwelling is permitted on any lot.”

Judge relies on the fact that the rule for “Temporary Structures” says “structures of a temporary character are expressly prohibited within these subdivisions and no trailer, tent, garage, basement shed or any other out buildings shall be used on any lot at any time as a residence.” Judge says that shed is not used as a residence - and therefore allowed.

HOA had set a maximum height of 52" for sheds. Judge's installed something bigger.

Parties negotiate a settlement where Judge has a deadline to collect signatures to make a change and board agrees to let the shed stay until the deadline for collecting signatures is past.
......

I have some issues with the Judge's behavior.

1. It appears that the HOA board was following an orderly procedure. But because she was a HO, she had inside information on what the board was going to do. And because of this, she was able to file her suit the day before the HOA was going to file its suit to remove the shed. I don't think this was appropriate.

2. I expect that the 52" standard was in place when the Judge decided to put in a bigger shed. She did it anyway. She ignored all HOA demands until the day before the HOA was at the final step of filing suit. I don't think this was appropriate.

3. A Judge is no ordinary person. Some of the people whose door she knocks on will be wondering, what if I don't sign and someday I find myself in front of this judge. Maybe I should sign even if I don't agree with allowing bigger sheds and I think that the 52" standard was ok.

Personally, I have no problem with a Judge going door to door asking for votes. But I do have a problem with a Judge going door to door to sign a petition.

Steve says that it's good to see a respectable Judge overturning a wrong Board. Yet I can find no fault with the Board's orderly procedure. And there is a big difference between a Judge sitting on a bench deciding other people's affairs without bias and a Judge who is pursuing a personal agenda.

I do agree with your statements about some boards not admitting they're wrong, but here in this case, from what I read in the article, anyway I'm not sure it applies.

Anyone read the deed restrictions for the property?

I think this is where they filmed "Stepford Wives".

Followup shows that a.d.r. CAN work if adversarial parties attempt good faith & accept some "LOSE" along with degrees of "WIN - WIN".

Michigan Circuit Court Judge Carrie Fuca dismantles disputed backyard SHED torn down after she falls short of June 1/15 deadlined owner consents to amend per A.D.R. with HOA, which will suck up $14 K. HOA abandoned (retaliatory) suit against alleged home business activity by hubby. Tarps now cover unprotected chattels !

June 26/15 The Macomb Daily “Judge Fuca, homeowners association resolve differences in shed dispute”

http://www.macombdaily.com/government-and-politics/20150626/judge-fuca-homeowners-association-resolve-differences-in-shed-dispute

Jan 20/15 The Macomb Daily “ Judge Fuca, homeowners association resolve lawsuits over shed, business”

http://www.macombdaily.com/government-and-politics/20150120/judge-fuca-homeowners-association-resolve-lawsuits-over-shed-business

For to poster who said a Judge knows more than the HOA volunteers ... I would like to know if an HOA attorney knows more than HOA volunteers? Why am I asking ... well of course so many of you claim that the attorney's seem to not know much when it comes to resolving an unresolvable dispute. To Tim I ask how is it that suing the association and THEN going door to door to change the HOA team works for you? I think you are all a bunch of phonies, pretending to be "apostle of virtue".

- face to face consent-chasing process is easy to believe tends by itself to get more YES committals than otherwise with current votes ( howsover providing degrees of personal privacy ). See also : union membership drives.

- Shed adversaries here have enough savvy to try to repair relationship damage.

"Never know when I may need that stupid jerk over there . . " A true story - but only anecdotal - told to me : a lakefront neighbour amidst lengthy dispute with the developer, literally saves that developer's life when the old fart managed to turn his Kubota upside down on himself at that lake. No one else wid-week for miles except bears. Hydraulic fluids draining onto the old fart. ( I am no longer an owner there. )

Kerry,

Look at the dates. Amanda posted on this thread in January.

A zero count means that the individual resigned from the forum.

I'm not sure what occurs to the counter when a person is banned.

Thanks, Tim--I hadn't noticed the old dates!

I haven't read the article, but enjoy the exchanges. So I may be off base here. While a tarp isn't necessarily attractive, it's possible it's much less visible than a shed? Maybe not nearly as tall?

I agree with you Steve. Our former President had a door locked she thought was an elevator room. It was a storage room for items used to work in our garden. How she ever mistook it for an elevator room is beyond my comprehension. She never admitted she was wrong.
She also accidentally sent an email that I am certain ticked off our neighbors at the care center. The care center was repairing the tunnel connecting our two buildings without charging us on red cent for also doing our side. She sent an email to our PM to have him make certain the care center was using qualified workmen, It accidentally got forwarded to the care center.

When I accidentally forwarded an email to an owner she got on my case big time about the error. The email the owner received by accident was something he probably knew anyway.
The previous president found fault with everyone except herself. A bookkeeper was horrible, our PM was horrible, I didn't know how to take meeting notes, among other complaints she had about people.

One of the reasons I agreed to be President is because I disagreed with so much she was doing and no one else on the Board wanted to be President. thank God she resigned after our annual meeting this year.

I do try to admit if I made an error, but I try not to make too many errors.

You could say the same thing about Lee Harvey Oswald.

Provide his military file before asking me to pat him on the back.

Tim,

Unless we are willing to become 'Starship Troopers' (the basic plot premise, not the actual people) military service or lack thereof has NO BEARING.

Many have served.

Many have returned 'scrambled'.

Many have NOT returned.

May the Creator Bless us All.

(delete if you see fit, or too off topic)

I'm with your, Geno.

The board was right. She's a bully. The CC&Rs need to be followed. They are there for a reason and to benefit everyone. And she needs to get that tarp out of there and put away her junk!

". . . CCRs are written by lawyers in such a way that no one understands and only a lawyer can interpret, thus keeping them actively employed. . ."

To their great credit, the judge & most of the Directors here sound like they are moving ahead with some degree of good faith. If rules never got revisited periodically & lawfully updated, how much tougher would it become to keep living there. These communities are not embalmed.

Many lawyers have fought & died for everyone's right to litigate until every last buck is spent. Now on the bench, that one at least is trying to move ahead with her community.

AGREE 100%.