Property BOUNDARIES and common area

Started by JaneL2 • 62 replies • 1092 views

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JaneL2 (Texas)
Posts: 175

Posted:

I own according to the property survey over 4000 square foot for the total lot size in which my townhouse sits including the front and the back yard and part of the drive in front and the alley in the back to the fence. I pay taxes on this much in this community.

Our documents have defined areas outside our four walls except for our patios to be common area.

However, I know the boundary lines of the property that I purchased.

My next door neighbor with whom I have been the defendant in a lawsuit for over a year, believes common area means that instead of putting her trash out in her yard on the other side of the property boundary, that it is perfectly fine to put her trash out over the property boundary into my yard and has done so for over two years. Not only intentionally putting it in my yard but also breaking the rule that says not to put trash out until after 6 pm. Rather she puts it out any where from noon or what ever time that she knows will have the best amount of time of exposure to me.

I think that she has created her own definition of what common area is. This is a pattern and part of the way that she harasses me and part of my defense.

I gues I am asking you all what your opinion is of this?

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 9:55 AM
I own according to the property survey over 4000 square foot for the total lot size in which my townhouse sits including the front and the back yard and part of the drive in front and the alley in the back to the fence. I pay taxes on this much in this community.

Our documents have defined areas outside our four walls except for our patios to be common area.

However, I know the boundary lines of the property that I purchased.

How about you and I and anyone else interested try to clarify who owns what, first?

-- Who maintains the grounds outside your four walls and outside your patio, you or the HOA?

-- Do the plats show the area outside your four walls and outside your patio to be common area? Sometimes the plats, or at least maps, are attached to the Declaration.

-- Is this a condominium? If so, what year was its declaration recorded?

BenA2 (Texas)
Posts: 1,273

Posted:

Do I understand correctly that the survey and the HOA governing documents contradict each other on what you actually own? It sounds like your survey says you own the front and back yard and the governing documents define everything outside as common area, except for your patio. If so, either the documents or survey are wrong or you are mistaken.

I think it is more likely that the outside area included in the survey is a limited common area, meaning you have exclusive use but it is owned by the HOA. I would talk to the HOA/management company if you haven't already.

KerryL1 (California)
Posts: 14,550

Posted:

OR, as limited (use) common area, you might own the yards, but the HOA has authority over them, i.e., can make rules about them, might maintain them, etc.

Look up "limited use common area" in your CC&Rs' definition section and then read the articles/sections. Also see if, beside hours that trash can be set out, is there anything about WHERE these containers must be placed. That might be in your Rules & regulations.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My HOA you owned the house and the lot it sat on. Everything else was considered common property. That means any member can use it. We had exclusive use areas like flower garden at front patio and driveway.

This allowed us to do Lawncare for the entire common area around everyone's homes. You could not be exempt from Lawncare. Plus could walk across a yard without trespassing.

Former HOA President

JaneL2 (Texas)
Posts: 175

Posted:

What I am saying is that I have a property survey that outlines the property that I own when I purchased this townhome. I pay taxes on this area of land including the townhome.

I can send it to you. To me, just because there is common areas defined in our documents as the area that is maintained by the association, yards, the greenbelt, the or any area outside of my four walls and my patio, does not make the property within the boundary lines surveyed when I purchased the property any less mine. My question is
more or less about my neighbors actions which in my mind add up to trespass and intentional harassment.

Are you saying that the governing documents definition of common area makes the area within the boundary of my property in the survey outside of my four walls and patio, THE PROPERTY OF THE ASSOCIATION?

JaneL2 (Texas)
Posts: 175

Posted:

There is no talking to the property management company or the the HOA board here. Except for taking in our dues they are little else involved with enforcement, with rules, with dispute resolution with anything more than taking the dues. Oh, we have contractor for mowing the yards. Our property management company manages about 100 other properties.
The board members have the proxies from the owners that do not live here to ensure that the same people get elected every year

CathyA3 (Ohio)
Posts: 6,299

Posted:

Yes, need to clarify what the common areas and limited common areas are.

In the townhome communities I'm familiar with, they either:

* were actually condos, the homeowner only owned the interior of the home, everything else was common or limited common area.
OR
* were landominiums/PUDs, the homeowner owned some or all of the structure of their home in addition to a small piece of land (like a few feet out from the boundaries of their home. In other words, no townhome owner personally owned anything that would be described as a "lot" or a "yard".

But there seems to be a good deal of variability in what is considered a townhome community and who actually owns what.

It'll be interesting to see if the CC&Rs actually contradict people's deeds - that's a big thing to have missed unless the community is very new. I wonder which one would take precedence, if either of them do?

JaneL2 (Texas)
Posts: 175

Posted:

These are not condos they are townhouses. I have the plat records and I have the documents and also the property survey. My question is still about ownership.

If the association as a whole do not pay property taxes on the common area but taxes are individually paid for by each owner of the property defined by the boundaries of their survey for said property, then regardless if a common area is defined in our documents the common area that i pay taxes on is still my property???????

BenA2 (Texas)
Posts: 1,273

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 11:28 AM
What I am saying is that I have a property survey that outlines the property that I own when I purchased this townhome. I pay taxes on this area of land including the townhome.

I can send it to you. To me, just because there is common areas defined in our documents as the area that is maintained by the association, yards, the greenbelt, the or any area outside of my four walls and my patio, does not make the property within the boundary lines surveyed when I purchased the property any less mine. My question is
more or less about my neighbors actions which in my mind add up to trespass and intentional harassment.

Are you saying that the governing documents definition of common area makes the area within the boundary of my property in the survey outside of my four walls and patio, THE PROPERTY OF THE ASSOCIATION?

Yes, the governing documents MAY supersede your survey or may make part of your property under the domain of the association. Whether or not your neighbor can put their garbage can on your side of the line depends on your governing documents. You agreed to those documents by purchasing your property.

When you own a condo or townhome it is never as simple as "I own and control everything on my property."

JaneL2 (Texas)
Posts: 175

Posted:

Yes Ben I am aware that when I purchased this townhome that I agreed to the governing documents, plats, etc.. Our front yards are defined as common area in that they are maintained
by the association and our people that mow also mow the back yard but our documents say that the rear yards are the responsibility of the property owner. I do not see common areas defined on the plats. In our declarations, common areas are defined for the purpose of maintenance. We do not have amenities such as a club house, pool, fitness center, etc. there is an area that is called the greenbelt that is an area that in my mind would be considered to be the common area. Even if a yard is defined as a common area as far as the upkeep to that area, to me does not say that said property is any and every other property owners right to use or encroach upon. I understand easements as far as the sidewalks, and walking through a yard. I understand that when these communities are developed, that the property developer did not take into consideration that their would be owners that were psychopaths. That would be where the declarations and rules come in. If they are ambiguous then they are not enforceable in court

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 12:44 PM
Yes Ben I am aware that when I purchased this townhome that I agreed to the governing documents, plats, etc.. Our front yards are defined as common area in that they are maintained
by the association and our people that mow also mow the back yard but our documents say that the rear yards are the responsibility of the property owner. I do not see common areas defined on the plats. In our declarations, common areas are defined for the purpose of maintenance. We do not have amenities such as a club house, pool, fitness center, etc. there is an area that is called the greenbelt that is an area that in my mind would be considered to be the common area. Even if a yard is defined as a common area as far as the upkeep to that area, to me does not say that said property is any and every other property owners right to use or encroach upon. I understand easements as far as the sidewalks, and walking through a yard. I understand that when these communities are developed, that the property developer did not take into consideration that their would be owners that were psychopaths. That would be where the declarations and rules come in. If they are ambiguous then they are not enforceable in court

Jane is right. Even if Limited Use Common Property it means for her use, not her neighbors.

JaneL2 (Texas)
Posts: 175

Posted:

As far as I know John our documents do not have the term limited use. The only reason that I say that my patio is not common area is because it says in our documents that we cannot place or store property in the common area. But, it does say that we can store personal property on our patio. This says that are patios are private. But common area or limited use common area either way I still believe that the part of this community that I purchased within the boundary of my property survey in which i only pay taxes on, is considered to be property that I own. Why do you say that I am right?

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 11:44 AM
If the association as a whole do not pay property taxes on the common area but taxes are individually paid for by each owner of the property defined by the boundaries of their survey for said property, then regardless if a common area is defined in our documents the common area that i pay taxes on is still my property???????

With this much emotion, I think you should pay an attorney for her opinion on who owns what and whether your neighbor is trespassing.

Of course, you could just file a complaint with the HOA about the trash going out early.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 3:53 PM
As far as I know John our documents do not have the term limited use. The only reason that I say that my patio is not common area is because it says in our documents that we cannot place or store property in the common area. But, it does say that we can store personal property on our patio. This says that are patios are private. But common area or limited use common area either way I still believe that the part of this community that I purchased within the boundary of my property survey in which i only pay taxes on, is considered to be property that I own. Why do you say that I am right?

Jane

I am not saying you are right on it is your private property. What I am saying even if Limited Common Area, it is limited to your use. If your neighbor is putting their trash barrel on either, they are wrong to do so.

JaneL2 (Texas)
Posts: 175

Posted:

Augustin, I am already a lawsuit with the woman who so far is losing. We are not in county court. She has already racked up 20k in attorneys fees. I am representing myself. In Texas if a plaintiff sues someone for a breach of deed restriction and they win, then they can be awarded the attorneys fees plus whatever other damages. etc. If however the defendant prevails and disproves the lawsuit on the breech of deed restriction, the defendant can not be awarded attorneys fees. Thus why I am not hiring an attorney

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 4:17 PM
Augustin, I am already a lawsuit with the woman who so far is losing. We are not in county court. She has already racked up 20k in attorneys fees. I am representing myself. In Texas if a plaintiff sues someone for a breach of deed restriction and they win, then they can be awarded the attorneys fees plus whatever other damages. etc. If however the defendant prevails and disproves the lawsuit on the breech of deed restriction, the defendant can not be awarded attorneys fees. Thus why I am not hiring an attorney

So finally as so often happens out here, the OP comes clean. This type behavior really p's me off.

JaneL2 (Texas)
Posts: 175

Posted:

I meant to say that we are in COUNTY COURT NOW already went through the JP court what are you saying that pisses you off JOhn

JaneL2 (Texas)
Posts: 175

Posted:

I meant to say that we are in COUNTY COURT NOW already went through the JP court what are you saying that pisses you off JOhn

JaneL2 (Texas)
Posts: 175

Posted:

I meant to say that we are in COUNTY COURT NOW already went through the JP court what are you saying that pisses you off JOhn

JaneL2 (Texas)
Posts: 175

Posted:

This woman sued me for breach of deed restriction but she breached before I did and that is why she is going to lose. SHE brought this on herself. I have just about become financially destitute because I have had to defend myself. by learning the law and giving away work that I could have done myself. I have maxed out my credit cards and the only thing I do now is research and learn legal. So, i am not sure what you are referring to when you say that this kind of behavoir pisses you off. I am on the receiving end of lost enjoymnet of my property, invasion of privacy, stalking and harassment, loss of income etc while the psychopath has a slew of contractors working on her place even washing her windows and an endless supply of boxes being delivered Oh and going on vacation and living her damn life when my defense has been my life for over YEAR NOW

JaneL2 (Texas)
Posts: 175

Posted:

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 4:56 PM
This woman sued me for breach of deed restriction but she breached before I did and that is why she is going to lose. SHE brought this on herself. I have just about become financially destitute because I have had to defend myself. by learning the law and giving away work that I could have done myself. I have maxed out my credit cards and the only thing I do now is research and learn legal. So, i am not sure what you are referring to when you say that this kind of behavoir pisses you off. I am on the receiving end of lost enjoymnet of my property, invasion of privacy, stalking and harassment, loss of income etc while the psychopath has a slew of contractors working on her place even washing her windows and an endless supply of boxes being delivered Oh and going on vacation and living her damn life when my defense has been my life for over YEAR NOW

JaneL2, since you brought the emotional side of this story up I hope you do not mind me asking for clarification on what you have said. If I heard you correctly, you have stopped working and face financial ruin over a dispute regarding the placement of a trash can?

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 4:17 PM
In Texas if a plaintiff sues someone for a breach of deed restriction and they win, then they can be awarded the attorneys fees plus whatever other damages. etc. If however the defendant prevails and disproves the lawsuit on the breech of deed restriction, the defendant can not be awarded attorneys fees.

Can you please cite the statute section that says this? I am curious.

AugustinD
Posts: 3,698

Posted:

JaneL2, never mind. I see it here:

Sec. 5.006. ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION. (a) In an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted the action reasonable attorney's fees in addition to the party's costs and claim.

Of course, if defendant JaneL2, counterclaimed and prevailed on the counterclaim, then the plaintiff would owe JaneL2 the amount JaneL2 paid to her attorney to represent her on the counterclaim.

JaneL2 (Texas)
Posts: 175

Posted:

No, you got it wrong and did not read the rest of the post regarding this conversation. I have told the story here before and spoke at length about it before. I have lived here since 2001 and paid rent in the townhome that i am in for 16 years spending over 159K in rent before the investor would finally sell it to me in 2016. My neighbor moved in 2018. She started harassing me about every thing making false statements to police, installing and aiming a camera at my front window and door coming onto my property making threats about taking me to court, harassing my cat, putting nails under my tires, putting tow stickers on my van, lying to police about me, trapped my car in a live trap and pressure the police to charge me with theft and trespass for rescuing my own cat, I cannot go outside and do anything without this psychopath invading my space, confronting me, harassing me in some way. She would get alerts on her camera when she would see that i was out in the flower bed or changing the oil in my car, any damn thing that I did outside, and she would rush home driving like a maniac when she pulls into the community, sees me and honks runs inside grabs her cat mace and runs out into the yard where i am to annoy me. Let me put it this way, I lived here from 2001 through most of 2018 and not one single time were the police called about me or by me. All of us lived in harmony with one another. Since she moved in 2018 the police have been called by her mostly but me also 53 times and i have all of the report. She did not like the fact that I have a big front yard with green grass, she did not like the fact that I have a large patio and she has a small one. She did not like the fact that I have a front porch and she does not. But the thing that she did not like the most about me is that I have 2 vehicles and I park one out front in front of my place as i have for 20 plus years. She has called police so many times and they are unsuspecting and they fall for her tricks she tells them that I have been fined by the HOA and that they have told me not to park in front. She cut my internet cable the day I changed providers. She has stood on her balcony and shoveled 8 inches of debris from her balcony onto my patio below. She uses her theater sound to vibrate my walls and the loud bass shatters my insides. When she installed the camera without permission in the common area (EXTERIOR OF BUILDING) without permission from the board, and aimed it directly at my front window and front door, I put out 3 nice pots with artificial trees to block the view of her camera. OUR Hoa BOARD AND property management company does not enforce the rules or get involved with disputes and pretty much ignores and washes their hands of this ongoing escalating situation between my neighbor and I. They did nothing so I did what I could do to try and regain some privacy. She then sued me for breach of deed restriction. The trash being put on my property for over two years is just one of the many things that this person did and continues to do. So, NO it is not about the trash being put on my property but, A WHOLE LOT MORE

JaneL2 (Texas)
Posts: 175

Posted:

That is not Texas Property Code or law. I guess I will find the law that I am referring to

JaneL2 (Texas)
Posts: 175

Posted:

JaneL2 (Texas)
Posts: 175

Posted:

Not sure what start of law that this comes out of but, it is not Texas law . That is not Texas Property Code or law. I guess I will find the law that I am referring to

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 5:42 PM
That is not Texas Property Code or law. I guess I will find the law that I am referring to

It is Texas Property Code and it is law. I took it from here:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm

JaneL2 (Texas)
Posts: 175

Posted:

I cannot find the exact law but I know that it is not possible to for the defendant to recover attorneys fees even if they disprove the plaintiffs claims on a breach of covenant, deed restriction. contract. I must not be searching for it in the right terms to find it again

And I was trying to post a screenshot of the law here but unable to do so because the size limitations of 1500kb and the file type which obviously is not PNG or even if file is only 14okb i cannot ever post photos or anything much here due to the limitations

JaneL2 (Texas)
Posts: 175

Posted:

Okay, but this is not the law I am referring to

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 6:13 PM
I cannot find the exact law but I know that it is not possible to for the defendant to recover attorneys fees even if they disprove the plaintiffs claims on a breach of covenant, deed restriction. contract.

This is what the section (TPC 5.006) that I copied and pasted above says.

JaneL2 (Texas)
Posts: 175

Posted:

Code § 5.006, states that the party who brings a lawsuit for breach of restrictive covenant can recover attorney's fees. The courts have interpreted this to mean that the homeowner who gets sued for breach of restrictive covenant (deed restriction) cannot recover attorney's fees even if he or she defeats the lawsuit

JaneL2 (Texas)
Posts: 175

Posted:

JaneL2 (Texas)
Posts: 175

Posted:

Augustin,

A significant amendment to the Texas statute that allows for recovery of attorneys’ fees by a prevailing plaintiff in an action for breach of contract will take effect on September 1, 2021. Previously, Texas courts have interpreted Texas Civil Practice and Remedies Code section 38.001 to award attorney fees against only individuals and corporations, not limited liability companies, partnerships or other types of entities.

In three prior legislative sessions, unsuccessful attempts have been made to amend the statute to broaden its reach to other entity forms. In May 2021, the Texas Legislature adopted House Bill 1578 (Bill Text: TX HB1578 | 2021-2022 | 87th Legislature | Enrolled | LegiScan), which finally amends section 38.001 to address other entities besides a corporation.

More specifically, the amendment adds a new subsection to section 38.001 defining an “organization” to mean the same as defined in section 1.002(62) of the Texas Business Organizations Code, which includes: “a corporation, limited or general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for-profit, nonprofit, domestic, or foreign.”

The amended statute does, however, specifically exclude quasi-governmental entities authorized to perform a function by state law, religious organizations, charitable organizations, and charitable trusts.

Because the amendments explicitly apply only to new cases filed on or after September 1, 2021, a plaintiff who is about to file a claim for breach of contract should consider holding off until September 1 to file (barring any statute of limitations or other considerations that make immediate suit warranted).

Notably, section 38.001 does not allow for an award of attorneys’ fees to a defendant who successfully defends against a breach of contract claim, and the recent amendments do not change this. Contracting parties should keep the parameters of section 38.001 in mind (especially in view of these recent amendments) when drafting or amending their contracts. Under Texas law, a contract may provide that the prevailing party, whether the plaintiff or defendant, will recover its attorneys’ fees against the other party, or that the statutory right for a prevailing plaintiff to recover its fees under section 38.001 is waived leaving no party able to recover its fees.

Thus, besides effecting litigation after September 1, the recent amendments to section 38.001 may also weigh into decisions made when drafting and amending contracts to potentially provide for either mutual or no fee entitlement at all.

JaneL2 (Texas)
Posts: 175

Posted:

Did you see my reply? I know it seems as though I am bitter. Yes I am bitter. This person has taken away 2 years of my life and it will be 3 before it is over. I cannot hire an attorney at this point because of my financial situation. I can only hope that the judge, or jury at this point, at my demand will apply the law to the facts. However, I have read your replies to other post and even to my post here. I would like to have more feedback from you. I am not trying to come off offensive to you although it may seem that way.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Wow. You sure do give this person enough power over you to ruin your life. Especially over such a small thing. Your the one assigning all these reasons why this person is doing this. So in the end it is your problem. Just going to be frank about it. I am sure your neighbor isn't writing or hiring a lawyer over this. Think about it and move on.

Former HOA President

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JaneL2 on 04/27/2022 7:51 PM
Did you see my reply? I know it seems as though I am bitter. Yes I am bitter. This person has taken away 2 years of my life and it will be 3 before it is over. I cannot hire an attorney at this point because of my financial situation. I can only hope that the judge, or jury at this point, at my demand will apply the law to the facts. However, I have read your replies to other post and even to my post here. I would like to have more feedback from you. I am not trying to come off offensive to you although it may seem that way.

JaneL2, to whom are you speaking here? Would you please try to name the person (or people) to whom each of your posts is directed?

JaneL2 (Texas)
Posts: 175

Posted:

My neighbor has spent 20K already in attorneys fees our lawsuit has been going on for a year. What do you mean such a small thing. You obviously did not read my other post/ Melissa

JaneL2 (Texas)
Posts: 175

Posted:

Augustin, I keep trying to reply to specific replies but it does not work and although it says that I am replying in response to you in this reply, after I post it, it looks as though I am replying to myself.

In the one reply where I was talking about being bitter, I was speaking to John in South Carolina

In response to Melissa's comment about how she cannot believe that such a little thing that my neighbor has done, and how this could have almost ruined me financially, obviously she only read one little snippet of what has transpired.

HAS ANYONE HERE EVER FOUGHT A LAWSUIT THEMSELVES IN COURT FOR OVER A YEAR AND CONTINUED ONTO TO A HIGHER COURT WITH NO REPRESENTATION, WHEN THE OPPOSITION DOES HAVE AN ATTORNEY? Most likely NOT. So before you cast judgment Melissa, I think you need to take a year out of generating income to learn how to win in court WITHOUT representation before you judge me

MelissaP1 (Alabama)
Posts: 13,836

Posted:

And now we see the problem... I don't have to say anything more. You have said enough...

Former HOA President

BancsS
Posts: 269

Posted:

JaneL2,

To respond to a specific post, click on the quote button. You can delete parts of the quote if you only want to respond to a specific part of the post. Hope this helps.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JaneL2 on 04/28/2022 7:55 PM
Augustin, I keep trying to reply to specific replies but it does not work and although it says that I am replying in response to you in this reply, after I post it, it looks as though I am replying to myself.

In your response to any post, just type the name of the person to whom you are replying.

Quote:

Posted By JaneL2 on 04/28/2022 7:55 PM
HAS ANYONE HERE EVER FOUGHT A LAWSUIT THEMSELVES IN COURT FOR OVER A YEAR AND CONTINUED ONTO TO A HIGHER COURT WITH NO REPRESENTATION, WHEN THE OPPOSITION DOES HAVE AN ATTORNEY?

I have observed an owner doing thusly.

Can you post here exactly what covenant the plaintiff is saying you violated?

BancsS
Posts: 269

Posted:

Quote:

Posted By AugustinD on 04/29/2022 6:02 AM

In your response to any post, just type the name of the person to whom you are replying.

My apologies, AugustinD. JaneL2 asked YOU the question about how to reply to specific posters and I answered. I'm not fond of that behavior in others. I have experienced that in my professional life as well as personal life and it aggravates me. So I'm sorry...

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By BancsS on 04/29/2022 7:00 AM

My apologies, AugustinD. JaneL2 asked YOU the question about how to reply to specific posters and I answered. I'm not fond of that behavior in others. I have experienced that in my professional life as well as personal life and it aggravates me. So I'm sorry...

I am glad you posted how to quote others. The latter is often the better way for one subscriber to identify to whom she or he is responding.

At this forum, and knowing the regulars well at this point, I think anyone should feel free to answer any question someone asks. For one, doing so is often more time-efficient. For another thing, I think a main purpose of the forum is to provide "crowd sourced" solutions. If I get something wrong, I hope others will jump in and folks will talk it through as best they can. I think this approach is most likely to get to "the truth" of the situation. "Truth" being somewhat malleable depending on the topic.

BancsS
Posts: 269

Posted:

Quote:

Posted By AugustinD on 04/29/2022 7:23 AM

I thought you would see it that way but I felt that I may have overstepped. This forum does allow for information, ideas, and opinions to flow freely. I appreciate all that I have learned here.

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Posted By AugustinD on 04/29/2022 6:02 AM

In your response to any post, just type the name of the person to whom you are replying.

Quote:

I have observed an owner doing thusly.

Can you post here exactly what covenant the plaintiff is saying you violated?

Hi Augustin, When the plaintiff installed security cameras on the exterior of her building without permission from the HOA to install in common area, she breached the restrictions. I put three large pots with artificial trees, to try and block the view of her camera. She did not install camera for security rather she aimed it directly at my front window and front door. I edged my yard with bricks because the yard crews that only mow and weedeat kept using an edger and when it rained the dirt would wash out into the street. SO, after not being able to get the HOA to speak with them about it and to stop weedeating so that I could grow grass, I lined the edges with bricks. I spent a couple of years hand cultivating my yard to grow grass, and then the plaintiff moved in next door to me. Her yard is still a ugly dirt yard and I had not removed the bricks yet. After I put up the trees, and the bricks were there, she had an attorney send me and the HOA a claim and demand letter which had a 30 cure and I met the deadline removed bricks and the trees, She sued me anyway. You see it has nothing to do with a breach of deed restriction. The woman is malicious has money to spend and uses me for entertainment. SO, we spent most of 2021 in JP court. On November 30, 2021 we had a hearing on the plaintiffs hybrid motion for summary disposition. I had demanded a jury trial. The judge had begun to rule and give me the jury trial and only award the plaintiff $200 for a violation. I had disproved their summary disposition and they had only 4 elements to prove. I disproved 3 of the 4. However, I misunderstood the judge in court. Plaintiff and her attorney went outside the court room and while they were outside, I told the judge I thought she was biased. She became furious and reversed her judgment did not hear my counterclaim, gave them 17K in attorneys fees and told me that I would have to pay a 33K bond to appeal to the county court. I filed a paupers affidavit, and motion to disqualify the judge from hearing it, but another judge in the same court, denied it. I think appealed the affidavit to the county court which I won on January 10. Our case file is 950 pages and it took time for the county court to get the record into public domain, I kept waiting for the order that I had won the paupers appeal and finally contacted the court and reminded them. SO almost 1.5 months went by before the order was sent. Then the county court reassigned the case to another county court. I get a notice from the county court at law #1 that trial is set for July 14. Plaintiff filed their first petition and I had 30 days to answer. I filed a general denial and affirmative defenses on time, but was given bad advice about the counterclaim and was told that i could file it later. I think this was wrong and now I do not know what to do. I cannot hire an attorney. This is way more than you asked for.

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Posted By BancsS on 04/29/2022 4:48 AM
JaneL2,

To respond to a specific post, click on the quote button. You can delete parts of the quote if you only want to respond to a specific part of the post. Hope this helps.

Thank you so much

JaneL2 (Texas)
Posts: 175

Posted:

Quote:

Posted By MelissaP1 on 04/28/2022 4:25 AM
Wow. You sure do give this person enough power over you to ruin your life. Especially over such a small thing. Your the one assigning all these reasons why this person is doing this. So in the end it is your problem. Just going to be frank about it. I am sure your neighbor isn't writing or hiring a lawyer over this. Think about it and move on.

Now that I have figured out how to respond to you Melissa. What do you mean "such a small thing"

As i have posted below to you but you did not get because I was not replying correctly, Try taking off a year out of your life of generating an income to instead learn how to defend yourself in court, before you judge me.

No, you got it wrong and did not read the rest of the post regarding this conversation. I have told the story here before and spoke at length about it before. I have lived here since 2001 and paid rent in the townhome that i am in for 16 years spending over 159K in rent before the investor would finally sell it to me in 2016. My neighbor moved in 2018. She started harassing me about every thing making false statements to police, installing and aiming a camera at my front window and door coming onto my property making threats about taking me to court, harassing my cat, putting nails under my tires, putting tow stickers on my van, lying to police about me, trapped my car in a live trap and pressure the police to charge me with theft and trespass for rescuing my own cat, I cannot go outside and do anything without this psychopath invading my space, confronting me, harassing me in some way. She would get alerts on her camera when she would see that i was out in the flower bed or changing the oil in my car, any damn thing that I did outside, and she would rush home driving like a maniac when she pulls into the community, sees me and honks runs inside grabs her cat mace and runs out into the yard where i am to annoy me. Let me put it this way, I lived here from 2001 through most of 2018 and not one single time were the police called about me or by me. All of us lived in harmony with one another. Since she moved in 2018 the police have been called by her mostly but me also 53 times and i have all of the report. She did not like the fact that I have a big front yard with green grass, she did not like the fact that I have a large patio and she has a small one. She did not like the fact that I have a front porch and she does not. But the thing that she did not like the most about me is that I have 2 vehicles and I park one out front in front of my place as i have for 20 plus years. She has called police so many times and they are unsuspecting and they fall for her tricks she tells them that I have been fined by the HOA and that they have told me not to park in front. She cut my internet cable the day I changed providers. She has stood on her balcony and shoveled 8 inches of debris from her balcony onto my patio below. She uses her theater sound to vibrate my walls and the loud bass shatters my insides. When she installed the camera without permission in the common area (EXTERIOR OF BUILDING) without permission from the board, and aimed it directly at my front window and front door, I put out 3 nice pots with artificial trees to block the view of her camera. OUR Hoa BOARD AND property management company does not enforce the rules or get involved with disputes and pretty much ignores and washes their hands of this ongoing escalating situation between my neighbor and I. They did nothing so I did what I could do to try and regain some privacy. She then sued me for breach of deed restriction. The trash being put on my property for over two years is just one of the many things that this person did and continues to do. So, NO it is not about the trash being put on my property but, A WHOLE LOT MORE

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