(OT) The Lawyer Won't take my case

"Yowie" wrote in message
...
jmcquown wrote:
I'm very upset. They won't take my case against the HOA, not even to
make a simple phone call. Looks like I'm going to have to present
the case before the board myself.

John keeps telling me I can do this. Present a strong case and win
them over. I'm not as confident in myself as he is.

Meanwhile I have to figure out where to get this money. Because I
don't want to have to move again. Where would I go? There's no
place I can actually call "home". Being a military brat has left me
with nothing. Dammit! I thought I'd never have to move again.

This is driving me crazy. I can't sleep. I can't eat. I'm very
upset.

IMHO, your strongest proof against your liability to these people is the
deeds of sale of the membership that your parents had.

You would have to read that deed of sale carefully though.

It's a single piece of paper stating he sold his membership back to them
(with a copy of the check - they charged him $1000 to do so). Nothing
complex about it or the wording of it.

Also, be careful trying to "threaten" them with a low sale price. There
may be something else in the deeds that stipulate minimum sale price, or
that the HOA can set the minimum sales price.

I sincerely doubt that. There are too many houses for sale on this island
for them to try to commandeer the sales prices. In case they haven't
noticed, people are dying. The median age here is about 72. People aren't
exactly flocking to buy houses here.

The problem with HOA's is you get a few people together who have been
"elected" to something and suddenly they think they are all-powerful. I
don't even know these people.

Believe it or not, the ACLU may be able to help, AFAIK, they don't like
the idea of forced membership, goes against the idea of civil liberty.

There's a thought.

And, you might be able to find a lawyer who can at least give you advice
for a set fee. Or, maybe a final year law student who could help you for
"practice".

The attorney that I spoke with seemed genuinely interested in my case. But
when the senior partner got back to the office this week and they talked
about it he vetoed it. He pretty much told the associate to tell me the
only way they'd take my case is if I'd pay them a hefty retainer (plus he
gets $300 an hour). And I'd have to agree to immediately sue the HOA and
take it to court. That could take years and cost me everything I have. Oh,
and if I happen to lose the court case I have to pay the attorney fees for
the HOA, too. Can you say "bankrupt"?

I already called my broker and had him sell off some of my stocks. If I
have to, I'll join their stupid club. But I'm still prepared to stand up in
front of those people and present my case. My father sold his membership
back to them. My mother never was a member (her name is nowhere on the
paperwork). So why should I have to be?

Jill

"jmcquown" wrote in message ...


"Yowie" wrote in message
...
jmcquown wrote:
I'm very upset. They won't take my case against the HOA, not even to
make a simple phone call. Looks like I'm going to have to present
the case before the board myself.

John keeps telling me I can do this. Present a strong case and win
them over. I'm not as confident in myself as he is.

Meanwhile I have to figure out where to get this money. Because I
don't want to have to move again. Where would I go? There's no
place I can actually call "home". Being a military brat has left me
with nothing. Dammit! I thought I'd never have to move again.

This is driving me crazy. I can't sleep. I can't eat. I'm very
upset.

IMHO, your strongest proof against your liability to these people is the
deeds of sale of the membership that your parents had.

You would have to read that deed of sale carefully though.

It's a single piece of paper stating he sold his membership back to them
(with a copy of the check - they charged him $1000 to do so). Nothing
complex about it or the wording of it.

Also, be careful trying to "threaten" them with a low sale price. There
may be something else in the deeds that stipulate minimum sale price, or
that the HOA can set the minimum sales price.

I sincerely doubt that. There are too many houses for sale on this island
for them to try to commandeer the sales prices. In case they haven't
noticed, people are dying. The median age here is about 72. People aren't
exactly flocking to buy houses here.

The problem with HOA's is you get a few people together who have been
"elected" to something and suddenly they think they are all-powerful. I
don't even know these people.

Believe it or not, the ACLU may be able to help, AFAIK, they don't like
the idea of forced membership, goes against the idea of civil liberty.

There's a thought.

And, you might be able to find a lawyer who can at least give you advice
for a set fee. Or, maybe a final year law student who could help you for
"practice".

The attorney that I spoke with seemed genuinely interested in my case. But
when the senior partner got back to the office this week and they talked
about it he vetoed it. He pretty much told the associate to tell me the
only way they'd take my case is if I'd pay them a hefty retainer (plus he
gets $300 an hour). And I'd have to agree to immediately sue the HOA and
take it to court. That could take years and cost me everything I have. Oh,
and if I happen to lose the court case I have to pay the attorney fees for
the HOA, too. Can you say "bankrupt"?

I already called my broker and had him sell off some of my stocks. If I
have to, I'll join their stupid club. But I'm still prepared to stand up in
front of those people and present my case. My father sold his membership
back to them. My mother never was a member (her name is nowhere on the
paperwork). So why should I have to be?

Jill

- - - - - - - - - - -

Does your paper work from when your father sold his membership back to the
HOA say anything about whether the sale applies only to the current occupant
(your father) or to later owners (your mother, then you)? That could be
important.

--
MaryL

"jmcquown" wrote in message
...

"Joy" wrote in message
. ..
"Winnie" wrote in message
...
On Nov 8, 2:53 pm, "jmcquown" wrote:
"Winnie" wrote in message

...









On Nov 8, 12:34 pm, "jmcquown" wrote:
I'm very upset. They won't take my case against the HOA, not even to
make a
simple phone call. Looks like I'm going to have to present the case
before
the board myself.

John keeps telling me I can do this. Present a strong case and win
them
over. I'm not as confident in myself as he is.

Meanwhile I have to figure out where to get this money. Because I
don't
want to have to move again. Where would I go? There's no place I can
actually call "home". Being a military brat has left me with nothing.
Dammit! I thought I'd never have to move again.

This is driving me crazy. I can't sleep. I can't eat. I'm very upset.

Jill

Did the lawyer say why he won't take your case? Is he too busy or he
thinks you don't have much of a case?
I feel for you.

Winnie

Lawyers are greedy, just like everyone else. I met with a junior
associate.
His boss is the lead counsel and he said if I'm not willing to take the
associaition through a court battle (at the cost of potentially
thousands of
dollars) then he isn't interested. I can't afford that. I have a case, I
just can't afford to have them drag this thing out until I die.

So... I may put the house on the market anyway. And if so, I'll
seriously
underprice it. Anyone want to buy a house for $70,000? LOL That will
drive
all the property way down. There are tons of houses for sale here. I
really don't think they want the property values to go down like that.
Maybe they'll be willing to negotiate a deal over this stupid club
membership.

Jill

You got a point there. They probably will be willing to do anything to
protect
their property value.

***

This is true, especially if you can state your position in a very matter
of fact way, without losing your temper and, if possible (I know this
isn't always controllable), without tears.

Joy

It's a sad fact that when I get angry I tend to cry. (People often
mistake this as a sign of weakness. What they don't understand is it
means is I'm extremely angry.) I'll try to contain myself. I was always
a good student so what I'll do is have notes to read from. I'll pretend
it's a Toastmasters meeting.

Jill

I understand about the crying. Sometimes when my husband and I argued, I
would cry. He'd accuse me of doing it deliberately, but I couldn't help it.

That's a good idea to prepare as if you were doing a speech for
Toastmasters.

Joy

"jmcquown" wrote in
:


"Winnie" wrote in message
.
..
On Nov 8, 12:34 pm, "jmcquown" wrote:
I'm very upset. They won't take my case against the HOA, not even
to make a
simple phone call. Looks like I'm going to have to present the case
before
the board myself.

John keeps telling me I can do this. Present a strong case and win
them over. I'm not as confident in myself as he is.

Meanwhile I have to figure out where to get this money. Because I
don't want to have to move again. Where would I go? There's no
place I can actually call "home". Being a military brat has left me
with nothing. Dammit! I thought I'd never have to move again.

This is driving me crazy. I can't sleep. I can't eat. I'm very
upset.

Jill

Did the lawyer say why he won't take your case? Is he too busy or he
thinks you don't have much of a case?
I feel for you.

Winnie

Lawyers are greedy, just like everyone else. I met with a junior
associate. His boss is the lead counsel and he said if I'm not willing
to take the associaition through a court battle (at the cost of
potentially thousands of dollars) then he isn't interested. I can't
afford that. I have a case, I just can't afford to have them drag
this thing out until I die.

So... I may put the house on the market anyway. And if so, I'll
seriously underprice it. Anyone want to buy a house for $70,000? LOL
That will drive all the property way down. There are tons of houses
for sale here. I really don't think they want the property values to
go down like that. Maybe they'll be willing to negotiate a deal over
this stupid club membership.

Jill


Tell them you'll sell the house to a motorcycle gang, or the Mafia, or...

Bobble

jmcquown wrote:

*snippage

I already called my broker and had him sell off some of my stocks. If I
have to, I'll join their stupid club. But I'm still prepared to
stand up in front of those people and present my case. My father
sold his membership back to them. My mother never was a member (her
name is nowhere on the paperwork). So why should I have to be?

IANAL, but be careful with that tactic, too. It depend son what terms and
conditions the membership was sold under.

If membership is based on individuals, not properties, the fact that your
Father sold his membership does not in any way negate your mother's
membership. Since you inherited the requirements for membership from your
mother, not your father, then your requirement for membership may still be
valid.

However, if your father (being the listed owner of the property at the time)
sold the membership for the *property* then you, as current owner of the
property, should not be held liable.

If it was sold without the terms and conditions being explicit, which
apepars to be the case, then it is up to THEM to prove that you are liable
for membership dues. If you had the stamina and were willing to risk it (and
I can fully appreciate why you wouldn't want to) you could flatly refuse to
pay and force them to take you to court, and the court would have to decide
what that sold membership meant and its implications for you.

What I would recommend, and again, IANAL, is to get a hold of, and
thoroughly read, a) your deed with all its conditions b)get a hold of the
rules and conditions of membership, including membership transfer. c) call
the ACLU and see what they say.

HTH

Yowie

On 11/8/2011 3:28 PM, Winnie wrote:
On Nov 8, 2:53 pm, wrote:
wrote in message


I have no complaints with lawyers that I dealt with for various
reasons over the
years..
They are pn the whole quite helpful and upfront with me about my case.

I think lawyers are just humans and often get a bad rep on the whole for
the bad behavior of a few. My brother is a lawyer, so this isn't
prejudice - I jut think it's a very funny pun...

What's the difference between a rooster and a lawyer? A rooster clucks
defiance.

Ask if you don't get the play on words - lots of people without foul
mouths like me don't.

--
Hugs,

CatNipped
See all our masters at: http://www.PossiblePlaces.com/CatNipped

See the RPCA FAQ site, created by "Yowie", maintained by Mark Edwards, at:
http://www.professional-geek.net/rpcablog/

Email: L(dot)T(dot)Crews(at)comcast(dot)net

"CatNipped" wrote in message
...
On 11/8/2011 3:28 PM, Winnie wrote:
On Nov 8, 2:53 pm, wrote:
wrote in message


I have no complaints with lawyers that I dealt with for various
reasons over the
years..
They are pn the whole quite helpful and upfront with me about my case.

I think lawyers are just humans and often get a bad rep on the whole for
the bad behavior of a few. My brother is a lawyer, so this isn't
prejudice - I jut think it's a very funny pun...

What's the difference between a rooster and a lawyer? A rooster clucks
defiance.

Ask if you don't get the play on words - lots of people without foul
mouths like me don't.

--
Hugs,

CatNipped

It took me a minute, but I did get it. You're right. It's funny,.

Joy

On Nov 11, 11:37*am, CatNipped wrote:
.. *My brother is a lawyer, so this isn't
prejudice - I jut think it's a very funny pun...

What's the difference between a rooster and a lawyer? *A rooster clucks
defiance.

Very good!

My favourite lawyer joke is- 2 male lawyers are sitting on a bench
eating their lunch when an incredibly attractive woman jogs past

One says "I'd like to screw her"
The other says "Out of how much?"

Lesley

Slave of the Fabulous Furballs

Lesley wrote:

. My brother is a lawyer, so this isn't

Very good!

My favourite lawyer joke is- 2 male lawyers are sitting on a bench
eating their lunch when an incredibly attractive woman jogs past

One says "I'd like to screw her"
The other says "Out of how much?"

Lesley

Slave of the Fabulous Furballs

Scientists have decided to experiment on lawyers because people feel sorry
for rats.
--
Adrian

On Nov 8, 3:56*pm, Jack Campin wrote:
I'm very upset. *They won't take my case against the HOA, not even
to make a simple phone call. *Looks like I'm going to have to present
the case before the board myself.
looks to me like perhaps the one you got already has tangled with
your HOA previously with dubious outcome. *Toothless tigers maybe?

Or perhaps the HOA is one of the institutions of the local power
elite and the lawyer is too entangled with them in other ways to
want to offend them. *(Rotary Club, golf club, the Masons, Opus
Dei, who knows).

My preferred solution would involve a machete, a couple of chainsaws
and a pump-action shotgun.

We used to have something like that in Scotland - the institution of
"feudal superiority" where somebody could have inherited the status
of a feudal landlord, which entitled them to a substantial say in
planning decisions (albeit not at the micro-managerial level you've
got) and a small annual payment of "feu duty" (which added up to
quite a lot, given the number of people who paid it). *This setup
was abolished by the Scottish Parliament a few years ago, as soon
as they got the legal authority to do it.

Some of the conditions on title deeds may still be operational.
I haven't tested whether I can now get away with operating a
stationary steam engine on our land (the only constraint we had
in our deeds 13 years ago, while the feu system was still alive,
was that we couldn't do that).

But feudalism was never as extreme as the American HOA system.


I think HOA's have their place, if they're *reasonable*. A buyer can
be
assured that his neighbors are at the very least keep their lawns/
houses
kept up.
I would never participate in an HOA because I don't like being told
what
to do with my own property and 2) I have enough pride and good sense
to maintain the property anyway.
We lived in a neighborhood of retired people -- when they began
selling
their homes, many turned into rental properties or were sold to young
families. The neighborhood went downhill FAST. If there had been
some semblence of an HOA, we would not have had people parking on
their lawns (my pet peeve), homes falling into disrepair, overgrown
lawns,
etc. etc. We *did* have city ordinances, but they were rarely
enforced.
All American HOA aren't as extreme as Jill's. In fact, I don't know of
any
that are. The micro-management aspect of her HOA boggles me, also.


Sherry