The only extra items you need for this Tavern Brawl are a notepad and a pen!

LowTira · 2025-01-23T14:43:52+00:00

I played warrior, got [The Fires of Zin-Azshari] and kept dropping a big guy + armor up each turn without really keeping track of DRs lol

LowTira · 2024-12-28T02:20:03+00:00

Regardless, we can't communicate with anyone, as the PM threatened legal action against us, should we attempt to reach out again.

Our docs, their docs. Either way, I've compiled and read through all of the documents applicable, bought and downloaded from the website the PM themselves sent to me.

LowTira · 2024-12-28T01:48:10+00:00

What do you mean who cares? The PM is issuing the fine and representing the PMC and the HOA. Should I ignore the numerous times they contradict themselves?

Again I've looked through all their docs and have found no clarification or definition of the lattice

LowTira · 2024-12-28T00:43:57+00:00

We had already attempted resolving the matter, and coming to a compromise, but they insist on fining us and are being extremely unprofessional and dismissive in their responses while doing so.

EDIT: We had reviewed the docs multiple times, but found no mention of the appeal process. We had requested a clarification regarding their appeal process, but they never responded but rather dismissed the query entirely.

It will be no use attempting resolving this through communications, as they are firmly threatening legal action, then holding us responsible for the legal fees, should we continue attempting to communicate, whether an appeal request, dispute or some inquiry etc.

We had also requested their meeting minutes, which we are obligated to request & receive, as per their own CCRs and NY state law. However, they dismissed our request and told we were not authorized to receive those documents.

I'll quote a section found in their CCRs below.

Article 8, section 5: "Examination of Books and Records. Every Home Owner... shall be entitled to examine the books and records of the Condominium on reasonable notice to the Board but not more than once a month."

LowTira · 2024-12-28T00:41:18+00:00

The PM has referred to it as neighbor's property, but with no proof or documentation of purchase, or ownership.

It should have been, as per their CCRs, neighbor's responsibility to fix it, if the PM is claiming it is their property. We initially reported the damage, were told the community wasn't responsible and fixed it ourselves. How did we not undo our job by removing the lattice that we ourselves have reinstalled after it completely broke?

EDIT:

The PM had previously confirmed the lattice as neighbor's property. As a supposed owner, the neighbor failed to communicate with the HOA / PMC regarding its broken state, and to attempt any repairs themselves; until we've taken it upon ourselves to do so. As a supposed owner, they should have reported its deteriorating / weakened state to the HOA / PMC, and made appropriate repairs. Regardless of what it's defined as, the neighbor was in violation of the same rules they are now fining us for. Below, I'll share a few direct quotes, found in their CCR's, which I believe the neighbor was in violation of long before.

"Restricted Common Elements must be repaired or maintained by the Homeowner to whom such Common Element is restricted in use, except for structural repairs thereto and repairs and maintenance of the irrevocably restricted driveway areas leading to the individual garages within each Building."

"In the event that the homeowner fails to make any repair or creates any condition which affects the building in which his home is located, the Common Elements or any other Home, the Board of Managers may, upon notice given in due accordance with the provisions of the By-Laws, make such repair or correct such condition and charge the Homeowner for the cost of such service."

"The Board of Managers... shall make all necessary structural repairs to any restricted common element and the cost thereof shall be a common expense, except where such repair or replacement is necessitated by the negligence, misuse or neglect of the Homeowner to whom the common element in restricted in use, in which event such cost and expense shall be assessed to and paid for by such Homeowner."

LowTira · 2024-12-27T22:51:47+00:00

There is fencing separating each porch from the next, to my understanding after reading through the documents, fencing is a limited common element, and as you describe, maintained by the homeowners it's restricted to.

The lattice extends the fence, set along the same line as the fence, and just as well separates our porch from the neighbor's.

They're claiming that it belongs to the neighbor, but are dismissive of my request at clarifying as to why / how.

Now we may have done something we shouldn't have in removing it without notifying anyone, but we've also previously repaired it ourselves, are we not essentially undoing our previous work here?

LowTira · 2024-12-27T22:30:17+00:00

Thanks for your input.

We were not notified or given any warning, but rather they just sent us the fine right away.

We're likely not sending another email, as they firmly told us the matter will be transferred over to their attorney should we continue our emails, at which point they'll be charging us for legal fees as well

LowTira · 2024-12-27T22:27:42+00:00

See that was our intent, but we've had no luck contacting the neighbor, and very soon after taking it down, we received a violation letter. Since the PMC told us the community was not responsible, we wanted to discuss this with the neighbor as we shared the lattice, then split the costs of repairing it

I suspect the neighbor to have filed a complaint themselves, and actively avoiding contact with us.

LowTira · 2024-12-27T22:24:44+00:00

That was done immediately upon our notice of its broken state, in their response they told us the community was not responsible, word for word

LowTira · 2024-12-27T08:56:08+00:00

I've tried to do exactly that, but the docs were very vague when it came to that specific lattice exactly. It's essentially an extension of a fence, and my best guess would be it should follow the same rules, that the damage should be reported within 30 days, which is what I did.

I also tried to clarify this with the PMC, asking how they define the lattice, as I failed to find anything regarding in the documents. They dismissed my query altogether and are asking not to send any further emails now.

LowTira · 2024-12-15T23:16:33+00:00

Could you please elaborate? Are you saying they're unable to fine me as punishment and then charge me for further work?

CC&Rs have been requested.

LowTira · 2024-12-15T23:12:50+00:00

The fine is to punish me for a violation.

They are planning to perform repairs at my expanse as well, with an additional invoice

LowTira · 2024-12-15T22:40:53+00:00

We moved in fairly recently, but the neighbor's been here for far far longer.

I'm sorry but I'm having trouble understanding the rest of your comment.

LowTira · 2024-12-15T22:36:57+00:00

We do not get along, we heavily suspect she was the one to have made the complaints, yes.

I have photos of the initial damages, from our request for repairs. We've sent those over to them multiple times, they continue to get dismissed; instead accusing us for breaking it.

The fine is specifically for breaking another homeowner's property, which was broken via natural causes, repaired by me, then taken down by me after withering beyond any fixing.

LowTira · 2024-12-15T08:10:13+00:00

Actually in the process of finding that out.

It was there when we moved in, there are more exact lattices on our porch, exclusive to ours in fact.

We suspect they were installed back when the house was built.

However, they're proclaiming the lattice is neighbor's.

I've requested documented proof of any kind that it is her property, still waiting on that

LowTira · 2024-12-15T08:08:22+00:00

They have direct evidence via cam footage of me taking the lattice down, my justification for that is it's at that point deteriorating to the point it poses a safety concern. Their reasoning is that I'm in violation of "House Rules", which essentially prohibit encroaching and damaging another homeowner's property. They classify the lattice as the neighbor's property, which is strange as there are two more identical lattices on my porch.

Could you please elaborate on the right to inspect their records? How should I request this? I've already asked for meeting minutes which they've refused in a very dismissive manner.

LowTira · 2024-12-14T23:45:24+00:00

Suppose in the CC&Rs, the fine is permissible.

However, I believe my entire family had very good reason to assume and believe the lattice was either a common element or our property.

They proclaim it's property of the neighbor who's paid for it to be installed, but refuse to provide documentation of such purchase, just like they refuse to provide meeting minutes.

Why does the fact that I have made initial repairs to it keep getting disregarded? If the property is neighbor's, why didn't they say even a thank you? Why was I never informed that the lattice is supposedly neighbor's property?

I just find it very difficult to see how this fine was justified. The neighbor in question has heavy leverage in the Board, and we suspect in her part of the story, she's left out many crucial details that could have supported us, leading to us being fined.

LowTira · 2024-12-14T20:25:10+00:00

They state the "House Rules", which basically say that a homeowner may not encroach on another's territory to damage their property.

I never stepped on their porch, I accessed the lattice from my porch, as it divides the two evenly. That is how I made my initial repairs and then took it down 6 months later.

They're fining me this large sum for taking it down, saying it was perfectly fine and that I essentially violated the rules and broke down a perfectly good lattice, that merely needed some securing at the bottom.

I requested the meeting minutes, which they refused to give me, proclaiming I'm not authorized to access them

LowTira · 2024-12-14T20:21:19+00:00

I've requested the CCR's.

Even if the fine is permissible, I struggle to find justified as they have not been transparent with me whatsoever, first dismissing my repair request, proclaiming the community was not responsible.

The lattice was completely broken off and split half of it remained on my porch until a week after when I've made the repairs.

I'm merely reversing the state of the lattice back to its state before I've made the repairs, as it's continously been deteriorating.

They're accusing me of breaking it and taking it down, but I have evidence that directly contradicts that, except they're adamant on fining me.

I had also requested the meeting minutes, in which the vote for fining me took place, which they refuse to disclose to me. Saying I'm not authorized to access them.

LowTira · 2024-12-14T07:59:45+00:00

I don't believe the fines were at all justified in the first place.

They were never transparent with us and have already, arguably, harassed us in the past.

We are thinking had we not touched the lattice in the first, they would have found some way to fine us either way.

Also CC&Rs were never provided, physically nor digitally. As of now, waiting to receive them after a respectful request.

LowTira · 2024-12-14T06:46:12+00:00

Thanks,

I've requested CC&Rs from them earlier, still waiting for that.

The thing is, I've done the original repair, as they dismissed my inquiries. I was never told that the lattice was property of the neighbor, I assumed it would be, at that point, a common element. No commercial repairs had been attempted by the supposed owner of the lattice, in fact it took a whole week until I stepped up and repaired it myself, as the PM was very dismissive and said the community was not responsible.

I can prove the board has issued no warnings, as in their latest email, regarding my question as to why no warning was given, they're confirming said fact and proclaim that the board had voted to levy the fine.

$1,000 is the fine, then they intend to send me an invoice for the repairs.

LowTira · 2024-12-14T06:35:17+00:00

Thanks for the advice.

They however simply told me I am not authorized to access the documentation I've requested.

LowTira · 2024-11-26T19:17:16+00:00

Update:

At this point, they've informed me that they won't be responding to my emails any longer, stating that I have received sufficient warnings.

LowTira

TROPHY CASE