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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.
"Who would be free, themselves must strike the blow." - Byron
"Who overcomes by force, hath overcome but half his foe." - Milton
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.
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 $#@!ing leeches.
"He's talkin' to his gut like it's a person!!" -me
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"You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
"When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q
"Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul
"Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."
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
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
"Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
"Beware the Military-Industrial-Financial-Pharma-Corporate-Internet-Media-Government Complex." - B4L update of General Dwight D. Eisenhower
"Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
"Totally free immigration? I've never taken that position. I believe in national sovereignty." - Ron Paul
Proponent of real science.
The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.
People can seek punitive damages, but in this case, they aren't seeking damages at all; they are seeking fines.
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.
ROLL TIDE ROLL!!!
[SIGPIC][/SIGPIC]
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
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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