Tuesday, October 02, 2012

Will New HOA Members Change Pink Playhouse Lawsuit? | NBC Augusta 26

Will New HOA Members Change Pink Playhouse Lawsuit? | NBC Augusta 26
She's hoping the new board members elected Tuesday night will be on her side as she fights to keep the color of her granddaughter's playhouse pink.
"It is frivolous, that there is nothing in those covenants that specifically addresses play equipment, and it needs to be thrown out before it ever gets to court and it just might,” she said.
Peck has until the end of this week to answer the complaint and she says she's hired an attorney and is prepared to go to court.
The attorney for the HOA who filed the complaint, August Murdock, says all the board wants is for the playhouse to be repainted.
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The saga of the HOA offending pink playhouse continues.  Film at 10.

2 comments:

Anonymous said...

The HOA attorney says "There's no face to the association, so it's pretty easy to vilify the association when in all honesty this is a straightforward matter"

Indeed, the "association" is a mask no different than the mask worn by the KKK. The cloak of anonymity allows board members and their agents (attorneys, management companies) to terrorize fellow homeowners at will.

Anonymous said...

"It is frivolous"

If the lawsuit by the HOA against the homeowner was frivilous, it would be reported by advocates of tort-reform, such as John ("Common Sense" and "Give Me A Break!") Stossel and the website Overlawyered.com ("Chronicling the high cost of our legal system").

Since this has been deemed this not worthy of mention, the HOA's legal actions cannot be considered frivilous. It is the homeowner who is imposing a cost upon society by insisting on taking her frivilous case to court.

In the world view of Stossel et al., individuals suing corporations is harmful to society, and should be outlawed; 7th Amendment be damned. But corporations suing individual Americans is necessary for capitalism to work. And capitalism would work so much better if individual consumers and workers have fewer rights. Because once individuals have fewer rights, they will be less likely to engage in costly litigation that they can't (and shouldn't) win.

When the Republican vision of tort-reform is enacted, the cost savings can be passed on to the executives and shareholders, resulting in a rising tide that will lift all yachts. Those without boats or life preservers will have to continue treading water to stay afloat.