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Home Owners Association - Going Ballistic

Discussion in 'Diving Litigation' started by rakpix, Nov 12, 2010.

  1. Surface Interval

    Surface Interval Dive Equipment Manufacturer

    499
    9
  2. Rythmmaker

    Rythmmaker Contributor

    # of Dives: 200 - 499
    Location: Atlanta, GA
    160
    35
    Friends;

    I was surprised and shocked to learn that the people involved in this tragic accident have turned out to be friends of one of my good friends - and well-known and respected underwater videographers.

    They are in need of any support they can find, Rick lost an arm in the explosion and is still hospitalized.

    If you want to know more - or how to help - please look here:

    Get Well Rick

    Thanks!

    - Mark
     
  3. PhilEllis

    PhilEllis Dive Shop

    1,986
    11
    Every time one of the units in our condo association changes hand, the lending bank requests a notarized statement of occupation of each of our units. They request the names and addresses of each property owner and the names and addresses of each property occupant. This seems to be the case regardless of the lending institution.

    Phil Ellis
    DiveSports.com
     
  4. flots am

    flots am Solo Diver

    # of Dives: I just don't log dives
    Location: Wherever you go in life, that's where you are.
    3,226
    1,865
    I don't get how it "fell and exploded"

    Fell from where? Exploded how?

    Were the tanks current with VIP and hydro? Pressurized within limits?

    What was the mix?

    It's astonishingly difficult to breach a tank where everything is "kosher". Is there any more info on this?

    flots.
     
  5. UnderSeaBumbleBee

    UnderSeaBumbleBee Solo Diver

    2,264
    78
    You will find some of the answers here:

    http://www.scubaboard.com/forums/accidents-incidents/365310-o2-tank-explosion.html
     
  6. sassyalice

    sassyalice Oracle ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: Oyama, British Columbia, Canada
    51,027
    37,618
    You would do that? If you are going to lie, lie. Don't bother going through the hassle of emptying them, unless you are wanting to show them proof. Waste of time.
     
  7. nelsonrl

    nelsonrl Photographer

    # of Dives: 50 - 99
    Location: Texas
    238
    25
    I live in a subdivision with an HOA. I guess am one of the few who actually likes the idea of having someone to help make sure the homeowners live up to the terms they agreed to when they bought their homes. I don't want people running a business next door to me. I don't care to have a structure that does not meet the minimum requirements being built next door to me. Its simply a matter of economics to me. I would prefer to not have my investment impacted by the actions of a neighbor. If I felt differently, I would have built my home in an areas with no HOA or restrictions.

    The key here is that it is not a secret that there are restrictions on how a piece of property can be used in this development. I think what is missing from the HOA's complaint is common sense. No legal document can force the board members to exercise that. An HOA should be a group of neighbors tryng to be sure your home values are protected, not a group of people on a power trip. I have acted as president, vice president and maintenance officer in my HOA. Believe me when I say I would just as soon someone else do this, but it seems every year everyone is two busy to assist. The biggest struggle we have is finding home owners willing to serve on the board.

    All this said, asking you to not store your tanks is quite simply insane. As others have said, ask for a meeting with the board and let them explain why this is anywhere near as dangerous as the two 5 gallon jugs of gasoline and the 5 gallon can or kerosene that are in my garage are. This complaint just does not make sense.

    BTW, in the state where I live, a certified letter must be sent to the homeowner explaining what the complaint is, offering a meeting with the board to discuss and a minimum of days to resolve the issue. HOA's cannot just take action without following a strictly laid out process.

    Sorry you are having to deal with this problem
     
  8. redacted

    redacted Guest

    I agree. But they can be a real PITA if you get a couple board members on a power trip. Their power (in TX) to levy fines before they take any court action can be rather intimidating to homeowners.
     
  9. nelsonrl

    nelsonrl Photographer

    # of Dives: 50 - 99
    Location: Texas
    238
    25
    Our board cannot (or does not) levy fines. About the only thing we have ever done is mow a lot and ask the homeowner to pay is back the amount we were charged, this was after asking the lot owner to take care of multiple times.

    We are neighbors first and foremost.
     
  10. AggieDad

    AggieDad PADI Pro

    # of Dives: 200 - 499
    Location: Round Rock Texas
    481
    15
    I have read most of the posts in this long thread and I live in a HOA neighborhood that has its share of Nazi's. Luckily the President is a close friend and has a brain on his shoulders. In Texas, the HOA board has almost extreme power. Case in point. Last year in the Dallas area, a family had their house sold at auction because they didn't pay their dues. The problem was that the mother and the four kids were at home while the father was serving in Iraq. No excuses but the lady just overlooked the dues notices and according to the law the HOA sent her the proper notices which she either ignored or didn't understand (my neighbor almost lost her house because she didn't realize that she had to pay dues - a small line in the closing documents) and they sold the house for about a third of its true value. Public pressure via the TV was able to solve the issue but they still lost a lot of money because they now had to buy back their home. Right?
    I don't think so but then they did agree to certain restrictions when they bought the house.
    Our HOA took one owner to court over his landscaping and lost. It cost us $20K in legal fees and we had to pay his also. I parked my boat in the driveway to clean it one day for about six hours and got a letter, my neighbor brought in and set up his camper for a week but was overlooked.
    Kids egged my house and car and I caught them. People were more upset over the letter I wrote saying I was going to "hold" them for the police next time.
    Can't move due to the economy.
     

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