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Thread: NH - Portsmouth women being sued for thousands of dollars for planting flowers.

  1. #31

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    Quote Originally Posted by Lishy View Post
    Why does the law allow us to sue for thousands more than the actual damages cost?
    She agreed to the rules, including the penalties. Also, the Condo Owner's Association is forced to hire a lawyer to bring the suit and the woman must pay those fees. Because she won't stay on her own property.
    Last edited by Acala; 03-20-2012 at 04:17 PM.
    The proper concern of society is the preservation of individual freedom; the proper concern of the individual is the harmony of society.

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  3. #32
    Needs a bigger boat Anti Federalist's Avatar
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    Quote Originally Posted by Brian4Liberty View Post
    Even single-family houses now have HOAs in most areas. It seems that most people naturally desire oppressive government. So much for the viability of anarchism.
    Yes, yes they do, and it's a fact that too many in our "movement" fail to recognize or deal with with.

    People, for the most part, never have wanted freedom, they want what people have wanted since the dawn of time: to be fed and entertained.

    If they can also get a chance to lord over and boss their fellow citizens around, they'll jump on that opportunity as well.

    Not only that, when they fall victim to these base desires, the corrupt institutions that pop up to support these desires are not likely to be changed by the people.

  4. #33
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    Quote Originally Posted by Acala View Post
    She agreed to the rules, including the penalties. Also, the Condo Owner's Association is forced to hire a lawyer to bring the suit and the woman must pay those fees. Because she won't stay on her own property.
    She claims to have "permission" prior to there ever being a condo association.

    Sad state of affairs where I have to hire an attorney to bat out a "pre existing conditions" waiver for a flower bed.

  5. #34

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    Quote Originally Posted by Acala View Post
    No, actually it is like your neighbor gave you permission to plant flowers on their property even though you both knew that they would be moving away shortly and when the new owner asked you to remove your flowers from their lawn, you, being a total douchenozzle, said no and got your assed properly sued for trespass and deserve what you get.
    Well then it sounds like a problem that exists between the prior owner and the current owner... not the free landscaper the previous owner contracted out... It's merely incidental that she still lives there.

    You just don't want to admit that the people that run these associates are often times fucking leeches.
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  6. #35

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    Quote Originally Posted by Anti Federalist View Post
    She claims to have "permission" prior to there ever being a condo association.

    Sad state of affairs where I have to hire an attorney to bat out a "pre existing conditions" waiver for a flower bed.
    She claims a prior owner gave her permission. Fine. Prior owner is now gone. New owner of property wants flowers off the property. Woman with NO LEGAL RIGHT to insist her flowers remain on someone else's property stubbornly insists anyway thereby putting new owner in the position of having to hire a lawyer to make stubborn woman get her damn flowers off the new owner's property.
    The proper concern of society is the preservation of individual freedom; the proper concern of the individual is the harmony of society.

    "Who would be free, themselves must strike the blow." - Byron

    "Who overcomes by force, hath overcome but half his foe." - Milton

  7. #36

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    Quote Originally Posted by asurfaholic View Post
    I don't know. Im kinda siding with the condo association. Flowers are kind of like little muslims... any moment one might turn into a terrorist and go boom bloom.

    For the sake of the children, just dig those terrorists up and pay your dues. For the children..
    Fixed it for ya.



    Quote Originally Posted by Romulus View Post
    First it's flowers they want to grow, then its POT. Then they're giving the kids heroin. So, NO PLANTING FLOWERS. its for the children.
    Yeah, those flowers are stepping stones to growing pot. LOL

  8. #37

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    Quote Originally Posted by dannno View Post
    Well then it sounds like a problem that exists between the prior owner and the current owner... not the free landscaper the previous owner contracted out... It's merely incidental that she still lives there.

    You just don't want to admit that the people that run these associates are often times fucking leeches.
    The world is full of leeches. But they still have property rights. And this woman is violating someone else's property rights and should have stopped when she was asked. She didn't. She insisted that she gets to keep her flowers on someone else's property. She is getting sued for it and deserves it.
    The proper concern of society is the preservation of individual freedom; the proper concern of the individual is the harmony of society.

    "Who would be free, themselves must strike the blow." - Byron

    "Who overcomes by force, hath overcome but half his foe." - Milton

  9. #38
    Site Staff - Moderator Brian4Liberty's Avatar
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    Quote Originally Posted by Acala View Post
    It still is NOT her property. In a condo, you don't own the common areas. You typically don't even own the outside of your walls. At least with a HOA you OWN your yard even though you have agreed not to do certain things with it. The land where she has planted the flowers is owned by someone else. She never owned it.

    It is as if I planted flowers on my neighbor's lawn and then pitch a fit because my neighbor wants me to remove them.
    It is owned by the collective community. If the collective agrees that she can plant flowers on the shared property, she can.
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  10. #39
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    Quote Originally Posted by dannno View Post
    I blame it on women (not all women) but ones who want a nice brand new home and can't think of anything else.

    It is cheap enough for their husbands to afford these McMansions, but they don't think about the loss of privacy, loss of freedom to landscape, loss of freedom to do what you want on your land (i.e. setup a basketball hoop for your kids, or God forbid grow your own food). All they see is a brand new god damn kitchen and they throw everything else out the window.
    I am aguy , and I want a brand new kitchen too , but not without a few acres Greetings Danno ! , I always got it right , except the brand new kitchen...... , eh , one of these dang days ...
    Last edited by oyarde; 03-21-2012 at 12:57 AM.

  11. #40
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    Quote Originally Posted by dannno View Post
    Both sexes are completely irrational when it comes to the following:


    Women -> Brand new kitchens

    Men -> Brand new women
    Brand new women ? , NO WAY , THEN i WOULD HAVE TO START ALL OVER , teach them to filet fish , skin deer , operate a post hole digger , You really are scaring the crap out of me now , I no longer care about a new kitchen ..

  12. #41

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    Quote Originally Posted by Lishy View Post
    Why does the law allow us to sue for thousands more than the actual damages cost?
    People can seek punitive damages, but in this case, they aren't seeking damages at all; they are seeking fines.

    Quote Originally Posted by Acala View Post
    She agreed to the rules, including the penalties. Also, the Condo Owner's Association is forced to hire a lawyer to bring the suit and the woman must pay those fees. Because she won't stay on her own property.
    I *probably* agree.

    There aren't enough facts in the story to make a call. With the few facts we do have, it seems like the HOA is in the right. I'm envisioning this flow: her moving in on the ground floor of the development before a governing board was formed, getting permission from the builder, a board being formed upon completion, board sending cease and desist notice(s), her ignoring them, fines being levied, fines ignored, relief sought. Again, though, there simply isn't enough information in the original story.
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  13. #42

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    Quote Originally Posted by Brian4Liberty View Post
    It is owned by the collective community. If the collective agrees that she can plant flowers on the shared property, she can.
    Technically, title to the common area is in the association (although it might be different in different states). The woman has no direct interest in the property anymore than you have in the local walmart parking lot just because you own walmart stock.

    But you are correct that if the association voted to allow her to plant flowers in the common area, she could do so. Just like the shareholders of walmart could allow you to pitch a tent in the walmart parking lot. But if they don't, then you would be trespassing, just as is this woman.
    The proper concern of society is the preservation of individual freedom; the proper concern of the individual is the harmony of society.

    "Who would be free, themselves must strike the blow." - Byron

    "Who overcomes by force, hath overcome but half his foe." - Milton

  14. #43

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    Some folks here are falling into the trap of ignoring "the forgotten man". In this case the forgotten man is the guy who bought into this condo in part because the rules prevent people from asserting their personal tastes on the landscaping in the common areas. Not everyone likes grandma's roses or appreciates seeing sweaty grandma squatting in the dirt everyday in her garden atire and seek out places where they will not have to put up with those annoyances.

    Now grandma has decided that the rules she agreed to don't apply to her. If she is allowed to get away with not following the rules she agreed to follow, then the people who paid to live in a place with those rules get screwed. And if those people who paid to live in a place with certain rules are forced to hire a lawyer to make stubborn granny obey the rules she voluntarily imposed upon herself, then SHE should pay those costs.
    The proper concern of society is the preservation of individual freedom; the proper concern of the individual is the harmony of society.

    "Who would be free, themselves must strike the blow." - Byron

    "Who overcomes by force, hath overcome but half his foe." - Milton

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