ATH
Been here much more than a while
- Location
- Findlay, Ohio
Do they regularly show up late for meetings? If so, can the group pass resolutions immediately and adjourn within 10 minutes of the start time?
Definition of commercial vehicle?
- Thread starter evo
- Start date
evo
Been here much more than a while
- Location
- My Island, WA
Funny, little over a year. Not a peep and now a shit storm.
Vague legal threats are flying, and the worse is blatant false accusations of trespass, and feeling intimidated.
If anyone has the grounds it's me, they are vindictive, harassing and starting to wage class/economic warfare. Vague threats of restricting access, disallowing any conversation on emergency vehicle access to my land. Even threatening my business it's self.
I hate this shit, and while I know I am in the right they can bleed me dry with attorney fee's. public announcements that they are hiring lawyers, and demanding a 3rd party mediator for the entire neighborhood on this issue. While I actually love the idea of that, the big warning from a lawyer client of mine is.. Mediation is way less expensive than court, while it is technically confidential it is commonly used as a fishing tactic to figure out the other parties argument so they can be blasted later.
I am so pissed I've missed multiple nights of sleep. I've moved the truck and chipper off site (maybe for good) its sitting on the back corner of a friends property 4 lots away (as the crow flies), but is literally just sitting in the woods... Any rentals that resemble a shop are VERY few and far between.
Vague legal threats are flying, and the worse is blatant false accusations of trespass, and feeling intimidated.
If anyone has the grounds it's me, they are vindictive, harassing and starting to wage class/economic warfare. Vague threats of restricting access, disallowing any conversation on emergency vehicle access to my land. Even threatening my business it's self.
I hate this shit, and while I know I am in the right they can bleed me dry with attorney fee's. public announcements that they are hiring lawyers, and demanding a 3rd party mediator for the entire neighborhood on this issue. While I actually love the idea of that, the big warning from a lawyer client of mine is.. Mediation is way less expensive than court, while it is technically confidential it is commonly used as a fishing tactic to figure out the other parties argument so they can be blasted later.
I am so pissed I've missed multiple nights of sleep. I've moved the truck and chipper off site (maybe for good) its sitting on the back corner of a friends property 4 lots away (as the crow flies), but is literally just sitting in the woods... Any rentals that resemble a shop are VERY few and far between.
evo
Been here much more than a while
- Location
- My Island, WA
We don't really have meetings... just the one since I've been here..
ATH
Been here much more than a while
- Location
- Findlay, Ohio
Is there another part of the bylaws that call for regular meetings? If so and they don't do it, they may have lost their leg to stand on "you aren't following the bylaws, so why are you expecting me to?" Worth looking in to and asking an attorney if there are options.
evo
Been here much more than a while
- Location
- My Island, WA
I have asked about that during a consult. The two big grey areas are, an emoplyee coming to the house and picking up a truck. And if I could argue the by-laws are abandoned. We have no HOA board, just a road maintenance agreement. Two 'officers' one is a treasurer, the other is a 'manager' not sure on their exact titles. The manager had a section of their property zoned as commercial, built a shop.. My understanding is that in this state when there is no HOA it can then become neighbor vs neighbor. The last thing I want to do is throw them under the bus... I am seeking another attorney and more so if I agree to any kind of mitigation. These guys will steam roll me in a heartbeat.
Now for the other sticky part. I've asked for some tree clearance from the easements, YES I would benefit, and YES I am in the right as they by-laws define no over hang and there is even a vegetation setback to the easement. AND THE EASEMENTS ARE HUGE way way too heavy handed and nothing I want! The Local FD requests 20X20 for access, the county land use REQUIRES 30x30. I do genuinely have a concern for emergency access and there are limbs I can reach up and touch, maybe a standing hop (and this arb don't jump).. However, my biggest concern regarding myself is ripping off one of these limbs with my truck further inflaming tensions with this person.
It's a funny stuck.. I'm curious, if I write the road managers a certified letter if I would be in the clear? Also with as credentialed arborist do I have a duty of care for a hazardous tree growing in or near the easement, its kinda understandable missing something but when you drive by it every day its harder to say 'I didn't notice that dead rotten tree about to fall across the road, bust the fence, and hit the well head dropping a family of dead bat's down the hole contaminating the entire water table?' I know these are leeegal questions.... so ideas?
ATH
Been here much more than a while
- Location
- Findlay, Ohio
obviously things are different in every state...but here are a few thoughts.
Talk to the "manager" guy. "Hey, like you I just want to be able to make a living from my house. I'm not trying to do any kind of production here, just park a truck. We don't want these pesky neighbors to ask too many questions. Let's work together to quite this down."
As to duty of care...that only applies if you have been assigned some sort of responsibility - right? If I see a dead tree over a random house, I am not obligated to knock on their door to let them know. If, however, this is on a property I have been asked to care for, that changes my responsibility. This is gray area - right? It is partially "your" road, so what is your responsibility? If one of the owners were a paving expert would they have a duty of care to ensure there are no pot holes? I doubt it unless you have been retained to help.
Perhaps have the FD contact the manager with their expectations. Might even have a "fire safety talk" at the next meeting (if there is ever one) where somebody from the department talks about what they need to get in a driveway (beyond the road), then people will start to see the need for road clearance.
Talk to the "manager" guy. "Hey, like you I just want to be able to make a living from my house. I'm not trying to do any kind of production here, just park a truck. We don't want these pesky neighbors to ask too many questions. Let's work together to quite this down."
As to duty of care...that only applies if you have been assigned some sort of responsibility - right? If I see a dead tree over a random house, I am not obligated to knock on their door to let them know. If, however, this is on a property I have been asked to care for, that changes my responsibility. This is gray area - right? It is partially "your" road, so what is your responsibility? If one of the owners were a paving expert would they have a duty of care to ensure there are no pot holes? I doubt it unless you have been retained to help.
Perhaps have the FD contact the manager with their expectations. Might even have a "fire safety talk" at the next meeting (if there is ever one) where somebody from the department talks about what they need to get in a driveway (beyond the road), then people will start to see the need for road clearance.
evo
Been here much more than a while
- Location
- My Island, WA
one in and one out per day x4 days a week with that truck
evo
Been here much more than a while
- Location
- My Island, WA
I know right... My hand is healing well though, should be capable of doing things in 2-3 weeks
evo
Been here much more than a while
- Location
- My Island, WA
I know this is now spread out amongst a couple of threads now. I have learned from my legal help, that there is a long standing legal opinion from various courts that parking a commercial vehicle does not constitute commercial activity. So this coupled with the fact the CCR state trucks/equipment etc are allowed makes it pretty clear I’m fairly safe. Still I know who I’m dealing with and if they can’t win this fight they simply will pick another.
