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Thread: MB needs your counsel regarding a matter...

  1. #11
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    MamaBear,

    It sounds very much like your HOA Board is the type I absolutely despise. From everything you've stated, the HOA and/or Property Manager have handled this situation extremely poorly and both had better be very careful of getting themselves in father into serious lawsuit trouble if this situation escalates any more. Like FfNJGTFO stated, attorneys may need to get involved and if they do, it sounds like you are very much on the high ground here! I am so glad there is no HOA where I now live, a really nice little quaint neighborhood.

    First, no way should your identity details relevant to your complaint to the HOA Board/Property Manager have been discussed anyone else not on the Board. That was unethical and likely went against the Bylaws of your HOA.

    Secondly, no one but the HOA or Property Manager should be placing any locks on Community property or Common Areas. If the HOA Board or Property Manager are condoning it or instructing a neighbor to do so as an agent of the HOA Board, that's one thing, but it sounded like the HOA Board/Property Manager have abdicated their responsibilities and merely not enforced HOA Bylaws, CCRs, etc., opening them up to legal action if all goes south. It also sounds like the Board has turned hostile to you by 1) releasing your information outside the Board, and 2) by not returning your calls promptly.

    Recommendations:
    1) I know you're very familiar with it already but I would re-read the short two paragraphs of F.S. 776.012 and make sure once more that you understand it front to back and back to front!
    2) If possible, bring someone with you to the pool to help watch your back while you're in the water. Have your phone or some other method of recording audio and video and notify threatening you that you are recording the encounter for your own safety. It's unlikely your rude neighbor, who likely has an alligator mouth and hummingbird arse, will be so "brave" to berate a female with someone else there witnessing and recording his actions. If he corners you again at the pool, or in any other place you legally have a right to be, tell him that you feel threatened and to leave you alone or will be calling 9-1-1 if he doesn't not immediately cease and desist. You'll know what to do after that dependent upon what he does next.
    3) I strongly suggest you research the governing documents of your HOA very thoroughly, to make sure you know the HOA Bylaws, CCRs, and any other governing documents better than anyone, particularly better than the HOA Board knows them. In particular, pay attention to the Bylaws discussing the method and timeline of reporting grievances to the HOA and timeline for HOA Board response, appeal process, etc. If necessary, involve a competent real-estate attorney.
    4) If you've not already done so, I would notify the Board in writing, by Certified Letter, if necessary, of your grievance, citing the applicable HOA Bylaws and/or CCRs and of your request for meeting to discuss the issue. Hopefully there is a defined timeline requiring their response in the HOA Bylaws.
    5) I find it incredibly shocking that your HOA Board's negligence or incompetence has made you feel so unsafe in your own community common areas or in an HOA Board meeting! I would certainly hope you don't really need a Sheriff's Deputy along to remain safe but if that is truly the case, then something is really, really wrong and I definitely would involve a competent real-estate attorney!!! Is it possible that a neutral third party could accompany you as a witness would be enough to make you feel comfortable and safe? A Sheriff's Deputy might be a good option but realize it will likely make the HOA Board meeting more confrontational and less productive. Regardless, I would recommend you also notify them who will be coming with you to any face-to-face meeting; the HOA Bylaws likely require such notification. Regardless, your safety is paramount and I'm sure you will make the right decision.

    Please accept my apologies if any of the above appears condescending! That was certainly not my intent and only wanted to be thorough with my own experience of how to deal with an incompetent HOA. Best of luck and of course, keep us informed.

    By the way, congratulations on the game tonight! Mrs. BeerHunter is an FSU alumni so naturally she's quite disappointed.
    -BH

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  2. #12
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    Quote Originally Posted by Derrick1971 View Post
    I like the idea of a sharp knife clipped inside your suit.
    ... The Camelbak is too cumbersome to reach into quickly so I tuck a small Spyderco into the waste band of my shorts. ....
    I think you mean "waistband".
    That's a much better visual than a colostomy bag poolside.

  3. #13
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    Quote Originally Posted by Anduril View Post
    I think you mean "waistband".
    That's a much better visual than a colostomy bag poolside.
    Oh yeah, I can see how that would cause problems.
    I'd probably lock the area up to if someone were doing that.

    No more posting after midnight for me.

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  5. #14
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    Reason 10,001 why I will never live in an HOA neighborhood! They are nothing but nosy good for nothing people that have nothing better to do than to gossip and pass trash around about others!

  6. #15
    Distinguished Member BrianB's Avatar
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    Am I the only person thinking "Glock 17 with maritime spring cups installed"?

    Pretty much no matter where you decided to conceal the gun it would probably "show" badly, but printing isn't illegal so who cares...
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  7. #16
    Super Moderator Steve48's Avatar
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    Both BeerHunter and I have addressed the need to have a meeting or meetings with the property owners to discuss their responsibilities in this and to let them know that legal action can be taken if they don't live up to their responsibilities. Another meeting with the property owners and the aggressor and his co-lessee (if any) is in order. It may well turn out that his attitude changes considerably when he's placed in a formal situation and made aware that there can be legal consequences.

    Now let's consider the more general question of self-defense in the kind of situation that MB describes. I believe that carrying a firearm can, in some situations and for various reasons, be a liability rather than an asset. This situation may be one such, because the gun itself must always be protected. If an unarmed BG takes your gun from you, you're in a worse situation than you would be if you had been unarmed to begin with. It's hard for me to see how the gun can be properly protected if you're alone at a pool and swimming laps while the gun is in a bag on a table in a public place. Even if you're watchful, you can't prevent other tenants from walking close to where you've left the weapon. My choice would be to either leave the gun at home (or safe place) or to go with another person who will be on guard while I swim. If neither of these choices is viable for me, I would seriously consider giving up swimming there or finding another place to live.
    Steve
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  8. #17
    Super Moderator MamaBear's Avatar
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    Roll Tide!

    Thanks for your replies. You have given me much to think about. I will discard the ones that tell me to cut the lock off because that would be vandalism and I want no part of that. Sorry guys, not in my nature to do such a thing. I am not aggressive in any way. I went through the proper channels to get it removed. We are not in a position to move due to work and school. We have no choice but to be a part of this HOA since this is the house we picked out many, many years ago. We can't just up and run to a different house.

    Steve, your comment about leaving the gun unattended is warranted. For the few months I've been going there is no one else there and when someone does come in everyone goes to their own corner and steers clear of everyone else giving them their space. No excuse, just me reading the situation. There is no one else that can go with me. That is the reason I go in the mornings and basically no one is there but me except the few regulars who all pick out their distant table. No table is placed near another one so they are placed in all the corners. Still though, you have given me reason to rethink this. It has been a welcome hour of solitude and stress release. It has taken me so long to get to the point that I would even go to the pool for exercise and now this happens.

    BeerHunter, I will look up the info you shared. Thank you for taking the time to look it up for me.

    I'm wondering if it would be possible for me to clip a knife on my bathing suit strap on the shoulder area? Due to the cut of the suit it wouldn't show except for the clip. Yes, there will be an outline but if someone recognizes it as a knife that should tell them to keep their distance. It is the form of a knife - who knows if it really is a knife, right? Anyway, Is there a knife that won't be rusted if I dry it off each time?

    I have alerted my neighbors and all of their concern lies in the exposure of my identity as well. I will wait for the president to reply to me any time after Tuesday. I want to talk to a sheriff anyway to get their professional opinion. I'm done with the property manager. She is doing nothing but covering her own but and protecting this guy. You can tell by her emails. I will not contact her again and will only speak to the president at this point. My neighbor knows her real well and she will not be happy at all there is a security breach regarding my privacy and especially with the way the property manager has been so careless with how she has handled not only the stupid lock in the first place, but with how she has treated me afterward and especially her not addressing what happened after the verbal assault that was inflicted on my by the guy.

    Thanks again. You have given me much to think about. I knew I could count on you.
    MamaBear

    Perfer et obdura; dolor hic tibi proderit olim - Be patient and tough; some day this pain will be useful to you. (Ovid)

  9. #18
    Distinguished Member TitleIIToyLover's Avatar
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    If and when you contact the local LEA prepare to describe the actor's behavior in the terms that are used in the statute concerning stalking.

    If the actor confronts you a second time it would be wise to start a paperwork trail with the locals LEA.


    784.048 
    Stalking; definitions; penalties.–

    (1) As used in this section, the term:

    (a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
    (b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

    http://www.leg.state.fl.us/statutes/.../0784.048.html

    Last edited by TitleIIToyLover; 09-03-2017 at 04:51 PM.
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  10. #19
    Super Moderator MamaBear's Avatar
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    TTL, thank you for this info. I want so badly to go work out today, but do not want to take the chance to invite another encounter for him to finish what he started should he be lurking to find me. I'm not willing to risk it so I will stay home instead. I'm not happy about that.

    I will keep everyone informed of any new developments.
    MamaBear

    Perfer et obdura; dolor hic tibi proderit olim - Be patient and tough; some day this pain will be useful to you. (Ovid)

  11. #20
    Distinguished Member TitleIIToyLover's Avatar
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    Quote Originally Posted by MamaBear View Post
    Roll Tide!

    Thanks for your replies. You have given me much to think about. I will discard the ones that tell me to cut the lock off because that would be vandalism and I want no part of that. Sorry guys, not in my nature to do such a thing. I am not aggressive in any way. I went through the proper channels to get it removed. We are not in a position to move due to work and school. We have no choice but to be a part of this HOA since this is the house we picked out many, many years ago. We can't just up and run to a different house.

    Steve, your comment about leaving the gun unattended is warranted. For the few months I've been going there is no one else there and when someone does come in everyone goes to their own corner and steers clear of everyone else giving them their space. No excuse, just me reading the situation. There is no one else that can go with me. That is the reason I go in the mornings and basically no one is there but me except the few regulars who all pick out their distant table. No table is placed near another one so they are placed in all the corners. Still though, you have given me reason to rethink this. It has been a welcome hour of solitude and stress release. It has taken me so long to get to the point that I would even go to the pool for exercise and now this happens.

    BeerHunter, I will look up the info you shared. Thank you for taking the time to look it up for me.

    I'm wondering if it would be possible for me to clip a knife on my bathing suit strap on the shoulder area? Due to the cut of the suit it wouldn't show except for the clip. Yes, there will be an outline but if someone recognizes it as a knife that should tell them to keep their distance. It is the form of a knife - who knows if it really is a knife, right? Anyway, Is there a knife that won't be rusted if I dry it off each time?

    I have alerted my neighbors and all of their concern lies in the exposure of my identity as well. I will wait for the president to reply to me any time after Tuesday. I want to talk to a sheriff anyway to get their professional opinion. I'm done with the property manager. She is doing nothing but covering her own but and protecting this guy. You can tell by her emails. I will not contact her again and will only speak to the president at this point. My neighbor knows her real well and she will not be happy at all there is a security breach regarding my privacy and especially with the way the property manager has been so careless with how she has handled not only the stupid lock in the first place, but with how she has treated me afterward and especially her not addressing what happened after the verbal assault that was inflicted on my by the guy.

    Thanks again. You have given me much to think about. I knew I could count on you.
    This is the perfect knife to swim with. I have several and love them. Make sure to get the stainless steel.

    OC of a knife is perfectly legal. Have your FLCWFL handy in case someone tries to say it was concealed. You are covered either way.

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    There are only 3 colors, 10 digits, and 7 notes; it's how we arrange them that is important.

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