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Taking on the Homeowners Association

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I received a letter from the director of the homeowners association where I live telling me to remove a dumpster I put on my property on Feb 4th (he sent the letter the 5th) by 2/22 at 4pm siting "offensive use", "temporary structures" "protective screening areas" and "storage of materials". There is NO offensive use of the dumpster which absolutely infuriates me (as offensive use defined in the bylaws is "noxious gases, chemicals or illegal use" (I haven't put a thing in it).

I called a neighbor on the board and he said he had nothing to do with this dimwited lunatic who has nothing better to do with his time than walk the neighborhood. I am planning to move but do not want anyone to know and I have cancer, take care of my stepfather in my home who has alzheimer's and recently lost my mother to end-stage emphysema (she lived with us 10 years). I am trying to clean up my home and do maintenance but obviously will not be able to do all that is needed within the timeframe so I returned the dumpster. To my surprise, I found 3 other homes with dumpsters twice the size of the one I had, along with a port-o-potty and trash receptacles all out in front so that people can see it from the street.

This man has said he has phoned and written in the past whenever we put a dumpster in (we've been here the longest - 11 years and he came only 5 years ago). We have had 3 dumpsters in 11 years. The first in 1997 when my neighbor came out after 2 days of it being there and threatened to kill my husband for p utting it in (we called the police and got a report on it). Since then this neighbor has harassed us night and day and it has been one incident after the other. I am sure he is behind this recent request for removal.

So I am going to ask the director who was behind the letter, for copies of past letters, for dates and times he supposedly phoned us (he will be proven wrong because our number has been unlisted for 4 years and the number the association has is an old one because we do not want to be harassed by our neighbor). I am also asking for copies of letters he has sent to all these other people regarding their dumpsters and what timeframe he gave them to "get it out". If he cannot produce these, then I am going to sue him for extreme prejudice and slander (he has told planning and zoning I keep my receptacles on the road - a total lie!). P&Z said I have done nothing wrong and would not enforce any kind of town law since none exists. This infuriated the lunatic.

I called the police and they told me not to give in to this guy but this ridiculous "covenant" created in 1989 can be enforced by them retaining an atty at MY expense to levy assessments if I don't remove the dumpster.....Now that I plan to sue for harrassment and prejudice I assume that frees me from any legal bills HE will have to incur since I am suing him for something outside the by-laws.

I am livid that these homeowner associations think they can berate any given person ...... they need to either berate everyone or no one. So now that I have read the by-laws, I am going to enforce my own. My neighbor has his trees, bushes and fence on my property and it clearly states it cannot be within 25 feet of another person's property. There is also some open space that is like a swampland down where this dimwit lives which he should be focusing on since it devalues everyone's property.

We are not even in the top eschelon area of our town (our homes go between $800,000-1.5 million and most of the other homes are upwards of $2 million). He is a retired doctor who has nothing better to do with his time and with my cancer, I need to focus on getting well and taking care of my stepdad. I also have a 7 year old daughter who I am on the go with as best I can all the time.

How do I get this jerk to leave me alone and then allow me to have a dumpster so I can clean up and make repairs and put this house on the market.

I am not afraid to take him on.....

The Little Italian Stallion-ess
 



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