J
jloffman
Guest
I am so angry 
My Home Owner's Association here in California has tampered with a document that had previously held me unaccountable. I'll try to be brief . . .
Most of the townhome/condos in my neighborhood needed dry rot repairs, so my HOA hired a contractor (let's call them ABC Construction for the sake of this posting) to make the necessary repairs. Each homeowner had to sign a consent stating whether or not ABC could do the work.
Since I had just purchased my home several months previously, I was still covered by the Pest Inspection Warranty (1 year), so my cost to repair would be nothing. Obviously, I opted NOT to have ABC do the work, since that would cost over $500. I signed the HOA's paperwork, checking the box that read "Repair any dry rot damage on my/our own by November 30, 2000", and personally delivered the document to the HOA vice-president.
By mistake, ABC Construction did the work on my home anyway. I was at work at the time, and didn't even notice the repairs for several weeks. My HOA began to demand payment from me. I explained to them that ABC did the work without my authorization, and that the HOA should go after ABC for reimbursement.
Last week a received a letter from the HOA which stated that they would be filing a small claims lawsuit in the Superior Court of California if I didn't pay by August 15, 2001. I went over to the association's Treasurer's home, to receive a copy of the original consent form (to prove once and for all that I NEVER authorized ABC to do the work).
What I found shocked me: someone, after I turned the paperwork in to the Board, had altered the document. There is now a SECOND check mark (and I can tell that it IS NOT my handwriting) next to the box which reads "Have any dry rot damage repaired by (ABC Construction). I agree to repay the Association the cost of dry rot repairs . . ."
Now there are two check marks. I never made the second check (I do have a witness, my boyfriend, who can testify to this -- though I'm not sure how much credit a boyfriend/girlfriend or spouse has in giving testimony in a court). When I asked to see the original, the Treasurer refused.
I am thinking of hiring a forensic document examiner to testify that 1: the checks differ in handwriting and 2: age/date the ink to show that the second check mark was added at a later time.
This is obviously going to cost more to hire a scientist than the whole lawsuit is worth. Is this adviseable? Can I countersue the plaintiffs to recover my costs involved with proving my case?
Please advise! I can't believe how unethical people can be! I was taught my by parents to always do the right thing and be honest, and now I'm up against, and live next door to, a bunch of crooks. Help!
J Loffman
Sacramento, CA
My Home Owner's Association here in California has tampered with a document that had previously held me unaccountable. I'll try to be brief . . .Most of the townhome/condos in my neighborhood needed dry rot repairs, so my HOA hired a contractor (let's call them ABC Construction for the sake of this posting) to make the necessary repairs. Each homeowner had to sign a consent stating whether or not ABC could do the work.
Since I had just purchased my home several months previously, I was still covered by the Pest Inspection Warranty (1 year), so my cost to repair would be nothing. Obviously, I opted NOT to have ABC do the work, since that would cost over $500. I signed the HOA's paperwork, checking the box that read "Repair any dry rot damage on my/our own by November 30, 2000", and personally delivered the document to the HOA vice-president.
By mistake, ABC Construction did the work on my home anyway. I was at work at the time, and didn't even notice the repairs for several weeks. My HOA began to demand payment from me. I explained to them that ABC did the work without my authorization, and that the HOA should go after ABC for reimbursement.
Last week a received a letter from the HOA which stated that they would be filing a small claims lawsuit in the Superior Court of California if I didn't pay by August 15, 2001. I went over to the association's Treasurer's home, to receive a copy of the original consent form (to prove once and for all that I NEVER authorized ABC to do the work).
What I found shocked me: someone, after I turned the paperwork in to the Board, had altered the document. There is now a SECOND check mark (and I can tell that it IS NOT my handwriting) next to the box which reads "Have any dry rot damage repaired by (ABC Construction). I agree to repay the Association the cost of dry rot repairs . . ."
Now there are two check marks. I never made the second check (I do have a witness, my boyfriend, who can testify to this -- though I'm not sure how much credit a boyfriend/girlfriend or spouse has in giving testimony in a court). When I asked to see the original, the Treasurer refused.
I am thinking of hiring a forensic document examiner to testify that 1: the checks differ in handwriting and 2: age/date the ink to show that the second check mark was added at a later time.
This is obviously going to cost more to hire a scientist than the whole lawsuit is worth. Is this adviseable? Can I countersue the plaintiffs to recover my costs involved with proving my case?
Please advise! I can't believe how unethical people can be! I was taught my by parents to always do the right thing and be honest, and now I'm up against, and live next door to, a bunch of crooks. Help!
J Loffman
Sacramento, CA