Tired of watching this: -- A Willoughby Station Dicussion Forum With Standards

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Subject: Tired of watching this:

Author:
Butch Huber

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Date Posted: Mon, Sep 14 2009, 14:19:38
In reply to: Tired of watching this 's message, "Please stop" on Mon, Sep 14 2009, 12:33:18

You can go to any place where you see me post, not just this site, and you will develop a clear mental image that I don't throw the first punch in most any situation, and wherever, and whenever, I find that I have misread or misunderstood a person or their intentions, and wherever I have wrongly handled a situation, or wherever I have lashed out at someone undeservingly I am always quick to apologize and ask them to forgive me. It is difficult to communicate using the written word without someone misreading what you wrote. That is why I tend to write novels, I want to get the full meaning of what I am saying across.

If you feel that I have acted improperly toward anyone name them and the incident and I will gladly research it to see if they didn't bring it on themselves. If they didn't, I will apologize to them.

You are incorrect to assume that one must be an "attorney" in the sense that they must practice law in order to hold a position or argue their case. If you are asking me if I hold a license to practice law the answer is "no". If you are asking me if there is some provision that entitles me to stand up for my rights I say, "yes", it is included in the Constitution.

Eminent Domain has everything to do with the common area in that the city has authorized it to exist, and has delegated the collection of funds to pay for it to the Homeowner's association, and has authorized the homeowner's association and the developer to include such amenities as an asset of the homeowners. My whole point is that homeowner's associations are an abdication of responsibility by elected officials and an assigning of authority. They create a real mess of things when you have a situation like the one we are dealing with, and they really shouldn't exist in their current form.

What my letter does is provide a paper trail that I have taken steps to attempt to get this board of directors to stay within the bounds of their authority and to show restraint. Beyond that, I am building the case that there needs to be more professionally drafted covenants and bylaws that are designed to protect us in case of errant behavior of the board. Suppose you find out that the real reason they are shutting down the basketball courts is because one or more members of the board is a card carrying member of the KKK and they see black men playing basketball down there and they can't stand it. Suppose the black men found about it. Now suppose they filed a lawsuit against the homeowner's association. I am not saying that this is the case, I am giving you a what if situation. Remember, a black man is currently suing the county for discrimination because they advertise their job offers in local papers only, it could happen that we are sued in court over something like this, and I am not even sure that the black men would have to even live in the neighborhood in order to bring the suit.

Will Sellers is now on the city commission, need I say more?

If I alienate a few more board members then they obviously don't respect the rights of the homeowners and should be alienated. They made a bad decision, a wrong decision, and we shouldn't have to go to a meeting to discuss it with them, they should simply reverse their decision immediately and move on. I am doing what I can to protect my rights, and in doing so, protect your rights. If they have the authority to remove the basketball backboards and poles they have the authority to fill in the pools and shut down the entire common area. I don't want them to have such authority....do you? Rather than trying to stop me, you should, in my opinion, get behind what I am doing. By drafting a proper, more precise, and more focused set of bylaws we can empower the board to take action where it really is necessary to take action and we can limit them where they don't need power. What, on earth, is wrong with that?

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Replies:

Subject	Author	Date
I read part of that	Tired of watching this	Mon, Sep 14 2009, 14:52:05
Thank you -- Butch Huber, Mon, Sep 14 2009, 14:59:56