Intentional damage to new asphalt

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Intentional damage to new asphalt

Post  Italia on Tue Jul 19, 2011 5:59 pm

At 12:15 today after the new asphalt was laid, my neighbor Helen from 475 Milan Drive, drove her car not only to the exit but all the way around the complex damaging the newly laid asphalt. As there was obviously purposeful intent to damage the asphalt by driving all the way around and ignoring the workers who told her the material was not dry and should not be driven on, she ignored them and argued with them and continued to drive and do as much damage as possible. They took down her licence plate and the owner of the paving company will be submitting photos of the damage. This will not only require more work, more cost and more time but likely she will do it again after the repairs are made.
This is blatant and destructive disregard from her as usual. Charging her for the new damage will be ignored as all other attempts to fine her for ignoring our CC & R rules have been will do not good. This has been going on for more than 15 long years and it is time to address it in
an actionable legal manner.
I propose that the board elevate further, since fines have been levied in the past with no payment and no results and the CC & R's allow for a lein to be placed against her property for non payment of fines. I believe this is within our rights and our CC &R's do state the next step available is a lien. I also believe starting foreclosure proceedings is in order. Nothing has ever helped to stop this blatant disregard for our rules so I believe legal proceedings are more than called for. Please let the board and the HOA Association hear your input. The board is legally responsible for upholding and enforcing the rules within our CC & Rs and as homeowners we can take legal action when they do not enforce the rules they were elected to enforce.


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Re: Intentional damage to new asphalt

Post  Ivan on Tue Jul 19, 2011 7:14 pm

Did she really? I can't believe it. This is unbelievable, it is not only a waste of our HOA fees but all the inconvenience caused as we cannot park or have any serice or deliveries coming to our houses for a full day.

Who can take action about this as I'm not willign to entretain another day of this due to a negligent person living around the area.

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Re: Intentional damage to new asphalt

Post  Dave on Tue Jul 19, 2011 8:34 pm

Nice..........

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Re: Intentional damage to new asphalt

Post  sswillow on Tue Jul 19, 2011 8:46 pm

I heard her car start up. I wish I could have gotten outside fast enough to stop her, but I didn't and doubt she would have listened to me anyways. I'm mad because I bet we'll all eat the extra charges. In hindsight, we probably should have put the orange construction tape from pillar to pillar at the end of each courtyard, but I bet she would have still driven under it.

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Re: Intentional damage to new asphalt

Post  spcutler on Tue Jul 19, 2011 11:18 pm

This is absurd. There are tire tread imprints all over the complex, and in addition some of the concrete paving now has black tread marks on it. As you say, it was done with obvious intent (and I would add malice) since the marks go all the way around. I didn't personally witness it so I'll leave names out of it, but whoever is responsible needs to be ejected.

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Re: Intentional Damage to Asphalt

Post  sierra615 on Tue Jul 19, 2011 11:23 pm

This is ridiculous. The notice about this work was posted and mailed at least 2 weeks in advance with instructions about the work and warnings to the community clearly written. The vast majority of us arranged workarounds and agreed to be inconvenienced for this work to be completed for the betterment of our community. For someone to blatently ignore the rules like that is unacceptable. I fully agree that she should bear full financial responsibility for the damage done, and swift legal action should be taken if she does not pay the fines. Why should the rest of us have to be penalized and have the repairs taken out of our HOA fees when one individual with a long history of disregard for HOA rules and complete disrespect for her neighors and community does something like this?? It is for situations like this that the HOA rules were written, and they should be fully enforced.

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Re: Intentional Damage to Asphalt

Post  mavelard on Wed Jul 20, 2011 1:43 am

This is vandalism, which is a criminal offense and the person responsible should be punished!! We all had to be inconvienced, but this person could not be bothered to follow the rules. They need to pay financial charges for the necessary repairs and cleanup for such a childish act!!

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LEGAL ACTION

Post  krj1000 on Wed Jul 20, 2011 4:03 am

Helen is the responsible party for this premeditated joy ride of financial destruction. She does not follow any of the CC&R rules and continues
to operate as untouchable within the complex.

Since both Peachtree and the Board of Directors will most likely stick this repair bill to the residents of Villagio, we should collectively
ban together as residents of Villagio to consider other legal options to fight this deliberate injustice to our community.

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Re: Intentional damage to new asphalt

Post  spcutler on Wed Jul 20, 2011 4:58 am

I agree that this crosses over into criminal activity.

I would be happy to file a police report, but as I was not a witness, I don't know that there's anything I can contribute.

Does anyone have photos of the tread pattern on Helen's tires? The marks on the asphalt appeared distinctive, and it may be helpful to demonstrate (to the police, etc.) that they match.

I'll take some photos of the damage tomorrow. I'm sure others have done the same but it doesn't hurt to have as much evidence as possible.

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Re: Intentional damage to new asphalt

Post  Admin on Wed Jul 20, 2011 8:55 pm

krj1000 wrote:Helen is the responsible party for this premeditated joy ride of financial destruction. She does not follow any of the CC&R rules and continues
to operate as untouchable within the complex.

Since both Peachtree and the Board of Directors will most likely stick this repair bill to the residents of Villagio, we should collectively
ban together as residents of Villagio to consider other legal options to fight this deliberate injustice to our community.

Do me a favor and stop the "them versus us". I'm a board member and a homeowner, in fact all the board members are owners and this is coming out of our pockets too - assuming we actually end up paying something. We just happen to be people who care enough to volunteer.


Last edited by Admin on Wed Jul 20, 2011 9:18 pm; edited 1 time in total (Reason for editing : editing out my New Yorker language)
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Intentional Damage to New Asphalt - Follow up

Post  trebor on Thu Aug 18, 2011 6:30 pm

What action has been taken to fine the guilty party? It has been a month since this incident happened and I would like to see justice done.
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Re: Intentional damage to new asphalt

Post  Admin on Thu Aug 18, 2011 6:51 pm

I don't believe I am allowed or should disclose action/information that pertains to the identity of a specific homeowner on a public forum. I'd feel better taking this offline in a official meeting setting. Sorry!

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Re: Intentional damage to new asphalt

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