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We have a lunatic in the neighborhood.

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seacluded

Junior Member
What is the name of your state?What is the name of your state?SC
:eek: We do have a lunatic in our neighborhood and, though I am reluctant to admit it, tis I.

Four years ago a townhome, one of five where I reside, came up for sale. I stupidly told my sister about it and she purchased it for a low price, no real estate involved. She got a wonderful deal and I thought she'd be happy and so would I having a family member so close. Big mistake!

She's been nothing but trouble since she purchased and has upset the peaceful enjoyment of our once close knit and friendly enclave.

We have small lawns and common areas one of which is a driveway with an easement for all the other homes. When my sister purchased she knew we paid $125.00 a year, not a month, a year, for a lawn man to maintain the lawns, blow out the driveways and clean up after storms. For this we pay $35.00 a visit, a measly $7.00 a home every two weeks.

The problem is that my sister who owns an inside unit doesn't think she should pay $125.00 while the 2 end units are paying the same. They have, she argues, more property and should pay more. Actually, she feels as if she should be permitted to do her own lawn and pay nothing, forget the common areas, not her problem.

My problem is this: My sister and 2 others are not residents but these are vacation homes for them. I take care of the lawn money as, at one time, I was the only full time resident and I 'inherited' the job. The price hasn't been raised in ten years, the man does an excellent job and there was never a problem until she arrived.

I explained to her that house #1, with perhaps 20 more feet of property, maintains the well by paying the electric for our irrigation system. Property #5, with about 20 more feet of property has given us an easement of the driveway for our use. These homes have been here for 25 years and nothing has changed for 25 years. We have all agreed upon everything and never had problems. The cost is borne equally as they have given up something for the good of all.

We do not have a homeowner's association, per se, but do have restrictions that are incorporated into the deed. They state:

In order to arrange for an orderly and agreeable manner of said parking areas , it is declared that any and all maintenance and repair to the parking areas shall be done by the owners of all five parcels with the cost being divided equally between said owners. The owners of any four of the five parcels may determine the necessity and extent of any maintenance or repair work to be done and the cost shall be borne one-fifth by the owner or owners of each parcel.

My sister refuses to pay what she says is a ridiculous charge and that we are attempting to 'bully her'. She doesn't live here, can't maintain her own property and we are proud of the way we keep the areas looking clean and pristine.

The neighbors want to hang me out to dry for bringing her here, I am totally embarrassed by her behavior and, as an aside, she is loaded, has the money, just doesn't like rules imposed upon her.

It is my contention that she purchased this property with full knowledge of the rules and has paid the lawn man (though not without a fight) for three years now. I would like to pay her share just to shut her up but my husband threatens divorce if I take that route. Actually, I exaggerate, but he wouldn't be too happy about it.

Am I correct in assuming that maintenance also includes cleaning the area of debris and leaves? This trip he filled ten bags with leaves. Is this declaration of restrictions a legally binding document? She says that she spoke to an attorney and that he told her that she has a private home and has to pay nothing she doesn't want to pay. We other four owners are, and always have been, harmonious in regard to what we do with, and for, the property so as to protect the value of our investments.

Any help you can give me will be most appreciated. I know this may sound like a ridiculous problem, and I agree, but I am now hiding in my home as she just pulled up (flew in from NJ) and I don't want to start the new 'merry go round' of what's fair and what's not. I feel as if we are 5 again and the sibling rivalry is killing me!

Thanks, in advance. Seacluded
 


BelizeBreeze

Senior Member
Then take her to small claims court along with your partners in crime and be sure to take copies of all deeds, including hers.
 

seacluded

Junior Member
Lunatic in the neighborhood

BelizeBreeze said:
Then take her to small claims court along with your partners in crime and be sure to take copies of all deeds, including hers.

Belize, I thank you for your reply. However, I know that I can go to small claims court but is this document legal and binding?

We have already established that I am a lunatic. Will going to court also prove that I am a moron?

Thanks for any help you can offer. Lorraine
 
S

seniorjudge

Guest
seacluded said:
...However, I know that I can go to small claims court but is this document legal and binding?....
The SCC judge will tell you in the judgment issued.
 
Isn't it amazing how you think you are older and wiser, and any given situation can arrive and make you feel like you must have lost your mind, and/or you feel like a total dumba**. We all make mistakes, if only we all had hindsight.
 

seacluded

Junior Member
Lunatic in the neighborhood

Thanks Seniorjudge....that's what I'm afraid of, the SC judge telling me I'm a moron, in front of my sister too! LOL :eek:

Ah,why can't we just all get along? (OK, credit to Rodney)

This Declaration of Restrictions and Reservations has been filed with the court and I received one when I purchased so I am going to go out on a limb here and call this a legal document. I am attempting to keep us out of court. This is my sister, she may be a royal pain in the buttocks but she is my sister and I don't like the idea of going to court against my family. If I were so inclined then I would have divorced the lot of them years ago!

Thanks for the reply and have a good one. Seacluded
 

seacluded

Junior Member
Lunatic in the Neighborhood

veronicalouise said:
Isn't it amazing how you think you are older and wiser, and any given situation can arrive and make you feel like you must have lost your mind, and/or you feel like a total dumba**. We all make mistakes, if only we all had hindsight.

I sense empathy Veronica; you feel my pain. So, what did your sister do to you? Kidding...kidding....yes, you are so right. If I had my druthers.....well, actually, I would have become a lawyer!

Thanks for your reply. I feel better just venting about it. Sea ;)
 
S

seniorjudge

Guest
BelizeBreeze said:
Then you would not only be a lunatic, you'd be an educated lunatic :eek:
Do only lunatics become lawyers or do lawyers become lunatics?
 

seacluded

Junior Member
Lunatic in the neighborhood

BelizeBreeze said:
Then you would not only be a lunatic, you'd be an educated lunatic :eek:

I hear you Belize and therein lies the problem Seniorjudge...you have to be educated to be an attorney. Alas, I am so old now that my first case would be to handle my own estate. :D

To answer your question; lawyers become lunatics after they have dealt with problems as insignificant as mine.

I thank you all for you help and it is very much appreciated. I realize that this forum is not charged on an hourly basis so it's a nice thing you guys/gals are doing.

Keep up the good work. Thanks, Sea
 
S

seniorjudge

Guest
seacluded said:
...Alas, I am so old now that my first case would be to handle my own estate....
How old will you be if you do NOT go to law school?
 

BelizeBreeze

Senior Member
seacluded said:
I hear you Belize and therein lies the problem Seniorjudge...you have to be educated to be an attorney. Alas, I am so old now that my first case would be to handle my own estate. :D

To answer your question; lawyers become lunatics after they have dealt with problems as insignificant as mine.

I thank you all for you help and it is very much appreciated. I realize that this forum is not charged on an hourly basis so it's a nice thing you guys/gals are doing.

Keep up the good work. Thanks, Sea
Just to pour a little kerosene on your excuse fire.

My brother attended law school in his 40s, graduated at the age of 47 and has practiced now for 10 years.

I just recently completed my third degree and will decide in the next few months whether or not I want to return to complete my final year of law school in my spare time (YEAH SURE) or continue on for my Doctorate.

And I'm 50...one foot in the grave and the other foot ready to be amputated.

so, now what's your excuse?
 

seacluded

Junior Member
Lunatic in the neighborhood

seniorjudge said:
How old will you be if you do NOT go to law school?

You sound like my husband seniorjudge...and maybe you have a point. I have the time, I may have the ability and when little girls wanted to be ballerinas I wanted to be Perry Mason....oh no! Now you know how old I am!

I may be the only person in the viewing audience who cried when she heard on TV that Johnny Cochran had died. What a waste of a good mind.

Hmmm...if I died after I passed the bar I would die happy. My husband could never be a lawyer, I don't believe he has the ability to pass a bar, not on the way home from work anyway.

Thanks for the fun today. If you read about a little old lady in Myrtle Beach who became an attorney, that's me.

Thanks SJ Sea
 

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