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Old 09-14-2002, 02:37 PM
jayguip
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towed truck


What is the name of your state? maryland.I put a cap on my truck.Condo assoc. pres. said it was a camper and not allowed to park on grounds and had it towed. Would not listen to reason nor give me names of boards member to talk to them. I sued and the judge agreed a cap does not make a truck a camper but I could not get legal fees awarded to me. In court it came out that the pres. of the assoc. had not consulted nor informed the other board members of what he was doing he acted on his own.Can I sue him for my legal fees.?..This has taken a yr to c
ome to court and I've had to park in the street all this time
The lawsuit was mine against the condo assoc. they were not sueing me.

Last edited by jayguip; 09-15-2002 at 08:36 AM.
  #2  
Old 09-14-2002, 04:01 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: towed truck


Quote:
Originally posted by jayguip
What is the name of your state? maryland.I put a cap on my truck.Condo assoc. pres. said it was a camper and not allowed to park on grounds and had it towed. Would not listen to reason nor give me names of boards member to talk to them. I sued and the judge agreed a cap does not make a truck a camper but I could not get legal fees awarded to me. In court it came out that the pres. of the assoc. had not consulted nor informed the other board members of what he was doing he acted on his own.Can I sue him for my legal fees.?..This has taken a yr to come to court and I've had to park in the street all this time

My response:

Nope. The reason?

You failed to plead an affirmative defense to his lawsuit, saying that he had no "legal standing." And, you failed to file a Motion to Strike the complaint based upon that ground. You could have had the complaint dismissed.

If you didn't know he had no legal standing to do this on his own prior to trial, then you failed to find this fact out during the "discovery" stage.

It's over.

IAAL
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