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Information about Images Homeowners Assoc, Inc
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On/about 7 Jan 04, the Images Homeowners Association contacted the Newport News Fire Department (NNFD) to request guidance in establishing 'No Parking Fire Lanes' in the subdivision. REASON 1) Safety for residents REASON 2) Restrict renters (not homeowners) from having more than 2 vehicles in subdivision.
On/about first week of April 04, the association sent 'proposed' parking diagrams showing which unit would have 'reserved' parking and where parking would be prohibited. Comments were to be provided by 12 Apr and the board would meet 20 Apr. Action would take place in May 04.
On/about 12 Apr, a 'volunteer' painted areas to be restricted. He painted an area in front of my home (not a renter) which had been designated as a 'reserved' parking area. I showed him the diagram which he promptly ignored. When the paint dried, I painted over the yellow paint with grey paint. The assoc attmepted to have me arrested for vandalism. The responding NN police officer (Officer Laurent) reviewed the diagram and agreed that 1) the action to paint now was premature since the 20 Apr 04 meeting had not occurred yet and 2) the Images diagram indicated that I had reserved parking in front of my townhome.
On 20 Apr the board met at 8 San Juan Drive (a different location than posted on the community bulletin board). Some residents appeared and voiced their concerns about parking. The assoc produced a letter from the NNFD with a diagram and a narrative. The NNFD diagram, narrative and Images diagram all support my retaining the parking in front of my townhome. The board thanked us for appearing and stated that they would research other proposals (single side street parking, adding parking areas, getting parking permits, reducing a traffic island, relocating a fire hydrant, etc.) They then stated they had other business to conduct and stated we could leave. The board did not tell me to repaint the curb yellow.
The board then posted parking regulations not part of the minutes of the 20 April meeting. They board then painted my curb yellow. I secured a separate letter from the NNFD (letterhead and signed) with a diagram. I painted my curb grey and parked my car there. The board attempted to have me arrested again. This time, 3 police cruisers (flashing lights, blocking my car, surrounding my corner townhome,) appeared. I showed them the NNFD diagram and letter. The assoc manager, Mr. Mark Turner, an employee of Jeffery Charles Associates, pressed criminal charges for a Class I Misdemeanor ($2500 fine and/or 12 months in jail). At that time, neither the police nor Mr. Turner told me to paint the curb or move my vehicle.
About an hour later, a tow truck (Pete's Towing) came to tow my vehicle. I asked the driver (who would not provide his name) what was he doing and why. I pointed out that the police had already been there as had Mr. Turner and that the curb was still painted grey and not posted as a 'no parking area.' He became surly; would not talk to me; made several phone calls and I waited. Suddenly, 3 NN police cruisers appear (different from the first group) again with lights flashing and surrounding me.
A board member (name unknown) made a call that I was disturbing the peace, threatening an individual, inciting a riot, etc. I calmly related the information to the police sergeant who was miffed about being called and wasting time on a civil issue. I pointed out that John Smith could come into the neighborhood and park his car in my supposedly reserved spot and nothing would happen. I, on the otherhand, would have my car towed.
At this point, the NN police asked me to move my car and I complied. The board was angry that I did not get arrested (cuffed and stuffed and hauled away) as stated by one board member.
I attempted to negotiate with the assoc. The assoc president told a third party (mediator) that he would accept $80 for the painting and the...'case would go away'... When I typed up an agreement stipulating that in exchange for my paying $80 to the association, the association would drop all charges with prejudice, he balked. The price then went to $80 for painting and an additional $200 for attorney fees.
I agreed and wrote up an agreement. The assoc balked again. As the court date approached, I obtained a second NNFD letter indicating that I can retain my parking space and that other areas require parking restrictions. Some of the areas that require parking restrictions directly impact 3 board members and 2 (former members of the board) friends of board members. The board refused to negotiate or meet.
I retained the services of an attorney who obtained a continuance to attempt an out of court settlement. The board would not meet or negotiate.
At the second hearing date, the board did not use their attorney but instead used the commonwealth attorney (prosecutor). The commonwealth attorney asked for a continuance to examine the case (get an out of court settlement).
The next board meeting was scheduled for 20 July. It was cancelled with no notice. The meeting was then scheduled for 27 July. It was cancelled with no notice. The meeting was supposed to be held on 3 Aug but actually met on 2 Aug. No notice was posted. No minutes are posted of that meeting (as of 6 Aug 04).
The board still refuses to negotiate.
The next court date is 23 Aug, 2004.
Posted Sep 5 2004 5:29PM CEST
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