[Chat] For the record
Stephen J Gewirtz
gewirtz at bellatlantic.net
Mon Jul 25 09:28:59 EDT 2011
John,
The same questions occurred to me when I saw near the bottom of the post
i.e. in one of the early emails in the exchange, a reference to
Louisiana law and the Code Napoléon (since Louisiana is the only state
whose laws are based on French rather than English law). So I quickly
found myself wondering how something that seems to have occurred in
Louisiana got onto this list serve.
Steve
On 7/25/2011 9:16 AM, langwidge at comcast.net wrote:
>
> who is he, John?
>
> Why is it posted on our list?
>
>
>
> ------------------------------------------------------------------------
>
> *From: *"John Spurrier" <jfspur at hotmail.com>
> *To: *chat at charlesvillage.info
> *Sent: *Monday, July 25, 2011 9:12:38 AM
> *Subject: *Re: [Chat] For the record
>
> It's his condo.
> John
> Sent from my mobile office
>
> -----Original Message-----
> From: langwidge at comcast.net
> Date: Mon, 25 Jul 2011 12:58:05
> To: <chat at charlesvillage.info>
> Subject: Re: [Chat] For the record
>
> Look, pal, why not just move!!
>
> Who are these people and what is this **** all about????????????
>
>
> Christine Gray
>
>
> ----------------
>
> From: "David O'Donaghue" <druben2 at hotmail.com>
> To: "Mimi Kuriakose" <mimikuriakose at gmail.com>, "The Charles Village
> Chat List" <chat at charlesvillage.info>
> Sent: Monday, July 25, 2011 8:34:30 AM
> Subject: [Chat] For the record
>
>
> I have been kept up for 13 of the last 20 nights. From now on, every
> night I am kept up, you will get an email. I want to bring home to you
> what this has been like for me.
>
>
>
>
>
>
> ----------------
> Date: Sat, 16 Jul 2011 08:39:14 -0600
> Subject: Re: The problem is now serious
> From: mimikuriakose at gmail.com
> To: druben2 at hotmail.com
>
>
> David,
> I am sorry you are still having problems. I will speak to her again.
> She is in the process of getting rugs for the place. I'ts just hard
> for me to know exactly what is going on, since I am not there and I am
> jsut getting information based on your perception vs her perception.
> I know her friend is staying over for a few days so that Jessica can
> take care of her post accident, and other people have been stopping by
> to see how she is doing.
>
> I am taking my boards next week, and I cannot emphasize how much
> stress and pressure I am currently under. I've been studying for this
> test for 4 months. I was also just diagnosed with a high
> risk pregnancy, and i need to technically be on bedrest. I, too, am
> not getting any sleep, and having to deal with this is effecting my
> concentration. Because of that, I will not be dealing with this issue
> on any level (i will not be checking email, phone messages, texts)
> until the 27th.
>
> I will speak to her agian today, and implore that she keep it quiet
> for the next week and a half, until I can deal with this
> appropriately. In the meantime, if there are any issues, I please ask
> that you either cope with it or deal with Jessica on your own, until
> the 27th when I have a little more free time. I hope you understand.
> thanks
> mimi
>
>
> On Sat, Jul 16, 2011 at 1:23 AM, David O'Donaghue <druben2 at hotmail.com
> <mailto:druben2 at hotmail.com> > wrote:
>
>
> Mimi,
>
> The problem is now serious. It is 2:30 in the morning - another
> sleep deprived night. I have not been able to sleep in my home for
> over two weeks. Jessica and her friends stay up most nights well into
> the morning hours and, though I believe they are taking off their
> shoes, this is not resolving the problem. I believe a number of people
> are living in the upstairs apartment - I see 2-3 girls leaving
> regularly and they seem to also have their boyfriends over frequently
> and that makes for much more movement upstairs since they stay up most
> of the night. Rugs or carpeting must be laid down on the floors. And
> if this does not work, then you will need to sound proof the floors.
> Not being able to sleep at night in my home is a serious violation of
> the condo rules. It is your responsibility that this problem gets
> solved promptly. Thank you,
>
> David
>
>
>
>
>
>
> ----------------
> Date: Thu, 14 Jul 2011 14:37:42 -0600
> Subject: Re: New tenants
> From: mimikuriakose at gmail.com <mailto:mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com>
>
>
> Again, she's really sweet and feels bad about disturbing
> you....however please know that the sound does travel both ways...I
> could hear Pat whenever he laughed (and he had a REALLY annoying
> laugh)! Hopefully the chaos/excitement of her newly moving in will
> settle down.
> thanks for understanding.
> mimi
>
>
> On Thu, Jul 14, 2011 at 1:49 PM, David O'Donaghue <druben2 at hotmail.com
> <mailto:druben2 at hotmail.com> > wrote:
>
>
> Mimi, That is great to know. I will try to make contact with her too
> and as I too believe we can work this out. I'll let you know if it
> gets significantly better. I do believe that I should not hear them at
> all, as they never hear me. I go to bed at 10:00 and do not feel I
> need to change my schedule to adapt or adjust to noise I should not
> be hearing anyway. Thanks, I'll let you know if it gets better, David
>
>
>
>
>
>
> ----------------
> Date: Thu, 14 Jul 2011 13:36:46 -0600
>
>
>
> Subject: Re: New tenants
> From: mimikuriakose at gmail.com <mailto:mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com>
>
>
> Sorry david, i troed to call her yesterday but couldn't get a hold of
> her, but i just spoke with her today. I explained your concerns. She
> told me that things have been hectic for her moving in because she
> works 3 jobs and the only time she could unpack was at nite, with the
> help of some friends. Her friend got into a serious accident, so she
> has been helping her friend as well....i got the impression that
> things will be settling down soon.
>
> I asked that she remove her heels at nite, and she is willing to put
> some rugs down. I also asked her to keep noise down past the hour of
> 10:30 on weekdays, 11:30 on weekends...and go elsewhere after those
> hours. I think this is reasonable, as it would be similar to what I
> would be doing if I still lived there.
>
> She is really nice and respectful, and is willing to work with you.
> Let me know if you have any other concerns.
>
> mimi
>
>
> On Thu, Jul 14, 2011 at 1:29 AM, David O'Donaghue <druben2 at hotmail.com
> <mailto:druben2 at hotmail.com> > wrote:
>
>
>
> Mimi,
>
> I don't know how to proceed. I HAVE to sleep. If I can't sleep, I
> get sick. Jessica is a partier and she parties at night with her
> friends and there seems to be a gang of people up there almost all the
> time. We just can't have this. They need to party elsewhere. I never
> heard Mary - so I know that it is possible for someone to live
> upstairs and for me to be able to sleep at night. They need to take
> their high heels off and get rugs up there. I am an owner here, They
> are renters. Owners have rights. And if I can't sleep that is pretty
> basic. That is not like someone who needs to make make breakfast
> because they are on a night shift. Partying and entertaining is not a
> right and if it is disturbing another owner it needs to stop. That is
> what is insured in our bylaws and condo-docs. I have put in so many
> hours to insure that people pay their assessments and dues and
> maintain the grounds around your property that I deserve a bit more
> help with this. Its making living here very difficult. I want to work
> with you on this Mimi, and I think there is a way to a solution. I
> don't want this to get ugly. Believe no one could live with that clack
> clack clack of the women in the high heels on bare floors at night.
> Since I never heard Mary, I know things can easily be different up
> there. Thank you.
>
> David
>
>
>
>
>
>
> ----------------
> Date: Mon, 11 Jul 2011 12:04:16 -0600
>
>
>
> Subject: Re: New tenants
> From: mimikuriakose at gmail.com <mailto:mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com>
>
>
> Hey David,
> I need to keep this quick, i'm really stressed about this upcomign
> test....
>
> In response to the noise issues, I will speak to her again (her name
> is Jessica) and have her keep it down. However, I don't think
> refraining from using the kitchen after 10 is reasonable (if I were
> still livign there, i would have odd hours and need to use the kitchen
> extremely early and late at nite...). At one point I had to leave my
> place at 4:30 each morning, and I compromised with Pat and didn't put
> on my shoes until i actually left the apt! I can ask her to put rugs
> down, and maybe that will temper the noise a little.
>
> And the little patio under the stairs is common property, so
> technically everyone has access to it, including my renter. If she
> choses to put furniture there, then technically everyone in the
> complex can use it.
>
> Anyway, I'm sorry you are still havign noise issues, I will work
> somehting out with jessica.
>
> Hope it helps.
>
> On Sat, Jul 9, 2011 at 2:07 PM, David O'Donaghue <druben2 at hotmail.com
> <mailto:druben2 at hotmail.com> > wrote:
>
>
> Hi Mimi,
>
> Can you also explain to your new tenant (Jessica is it?) that the
> lower patio is common area is not part of her rental? I think people
> get confused with that is the condo's and what is rented. Mary would
> let her dog use it as a yard. My understanding is that she has her two
> balconies which she can do with as she wishes but the lower is not for
> her to place furniture - she's got a nice table and wooden chairs
> (which will quickly rot out there) and it looks nice but I really want
> my privacy, especially since I have a window with no curtains (and I
> wish to keep it that way) and don't want the noise down here. I think
> there is a condo rule that we can't place personal items in common
> areas. Thanks.
>
> She was quieter last night and I actually slept. I just would like her
> to refrain from using her kitchen much after ten. Its a poor design
> that we have a kitchen above a bedroom like that, but that is the way
> it is.
>
> You have asked about ways you might be supportive of the work here on
> the condo since there is a lot of hours that Jeff and I are putting in
> to sort out the governance issues and dealing with Bob and I realize
> that you have board exams and have two kids and a third on the way and
> also live in California. The chief way you can be very helpful to me,
> is to work with your tenants so they let me sleep and are quiet and
> don't encroach on my privacy. That will keep me happy, healthy and
> able to manage things around here. If we have a long standing sort of
> arrangement which involves renters and owners - its really important
> that your renters know that this in primarily a condominium and NOT an
> apartment house. So owners need to have more control over things. This
> lower apartment is hemmed on all sides and is right on the street so I
> need some space and privacy. When you interview tenants I would hope
> you would let them know that an owner lives below you who values quiet
> and privacy. This would be the most help to me you can offer and I
> thank you for it.
>
> David
>
>
>
>
>
>
>
> ----------------
> Date: Fri, 8 Jul 2011 08:17:23 -0600
> Subject: Re: New tenants
>
>
>
> From: mimikuriakose at gmail.com <mailto:mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com>
>
> Yeah, I have a new tenant. I will speak with her. Sorry for the
> inconvenience....at least she doesn't have a dog (or so she tells
> me...please let me know if you see/hear one!).
>
>
> On Fri, Jul 8, 2011 at 3:35 AM, David O'Donaghue <druben2 at hotmail.com
> <mailto:druben2 at hotmail.com> > wrote:
>
>
> Hi Mimi,
> We'll try to keep you informed about the Bob situation as it goes.
>
> Did Mary move out? There are now a large gang of people living
> in the Condo who are up all night and sound like a herd of buffaloes
> on my ceiling at four in the morning. The past three night I have not
> been able to sleep.
>
> David
>
>
>
>
>
>
> ----------------
> Date: Sun, 26 Jun 2011 17:41:35 -0600
> Subject: Re: update
> From: mimikuriakose at gmail.com <mailto:mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com>
>
>
> Ok...i just spoke with my father in law...he's super smart and was a
> really successful contract lawyer before he retired at the ripe old
> age of 50. However, he was reading over Louisiana condo laws and even
> he had a hard time understanding the language and terms of "Napoleonic
> Code" law. But from what he could gather, we need to first give Bob
> official notice of what is owed, and 7 days after that we can go ahead
> and place a lien on the place. After there is a lien placed, we have
> 1 year to take legal action. He recommended we use a lawyer for all
> of this, to avoid having to go back because we were missing something.
>
> He also said that in other states, we wouldn't need to know the
> mortgage company that he is with--all we woudl have to do is file a
> lien with the county/parish recorder. He wasn;t sure if this holds
> true in Louisiana.
>
> He also said that I wouldn't be able to use military lawyers for this,
> and we should find a good realestate lawyer and ask about his fees
> upfront. I think this is going to be expensive, but he would be
> liable for attorney's fees if (WHEN) he loses.
>
> I just hope an offical notice will put the fear of god in him and make
> him pay, but he's pretty crazy so who knows.
>
> Oh, my father in law mentioned that us letting Bob slide in the past
> may work against us.
>
> Hope this helps.
>
>
> On Sun, Jun 26, 2011 at 1:21 PM, David O'Donaghue <druben2 at hotmail.com
> <mailto:druben2 at hotmail.com> > wrote:
>
>
> Hi Mimi,
>
> Nix my last request about researching who might hold he reverse
> Mortgage on Bob's property. Jeff, thinks he found the company and was
> informed that the company does not care about other leins placed on
> the property because they have a large one there that will be paid off
> first and the property might not be of enough value to even pay us
> off. So Jeff is suggesting we wait until Jen and I talk to the
> attorney on Thursday before we send any letters to Bob. It looks like
> we are going to have to sue Bob - and its pretty clear we will win
> because Jeff has really good records of agreements from Bob that these
> things will be paid, but it will be a lengthy process and costly to us
> up front (but if we win all legal fees will have to be paid by Bob so
> the association will recover its losses). So yes. talk to your father
> in-law about this - it looks like we are going to have some legal
> representation. Maybe one threatening letter from the attorney will
> snap Bob into compliance but I think he is going off the deep end and
> that he wont act even in his own best interest. I have absolutely no
> background in any of this. So I am at a loss.
>
> David
>
>
>
>
>
>
> ----------------
> Date: Wed, 4 May 2011 12:54:39 -0600
> Subject: Re: Response to Bob
> From: mimikuriakose at gmail.com <mailto:mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com>
>
>
> I just don't know why he is such a jerk to you. Just document
> EVERYTHING, and continue to be civil when interacting with him. Then
> at least we will have a strong case if we ever need to take him to court.
>
> As long as he is paying his fair share, let him be a miserable human
> being and don't let it get to you.
> Hopefully this will die down soon.
>
>
> On Wed, May 4, 2011 at 12:30 PM, David O'Donaghue <druben2 at hotmail.com
> <mailto:druben2 at hotmail.com> > wrote:
>
> Jeff and Mimi, I felt that I needed to respond to Bob's latest "f--k
> you" email. Here it is, so you are in the loop:
>
>
>
> ----------------
> Mr Zimmerman,
>
> You will be paid for the receipt that you submitted on 5/3/11. But in
> the future no payment will be made without prior approval by the
> officers of the board with requests that are submitted before the
> deadline for consideration. If you deduct any portion of your condo
> dues, it will be considered an underpayment and penalties will be
> applied on a monthly basis until the entire balance is paid. All
> abusive and threatening language and behavior is to cease immediately.
>
> Sincerely yours.
>
> Dr. David O'Donaghue
> President, Coliseum Square Condominium Association
>
>
>
>
>
>
>
> ----------------
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com>
> Subject: Re: Condo repair request procedure
> Date: Wed, 4 May 2011 11:51:39 -0400
> From: bobzimmerman at usa.com <mailto:bobzimmerman at usa.com>
>
>
> Fuck you you asshole. I couldn't open my front door.
>
>
>
> -----Original Message-----
> From: David O'Donaghue <druben2 at hotmail.com <mailto:druben2 at hotmail.com> >
> To: Mimi Kuriakose <mimikuriakose at gmail.com
> <mailto:mimikuriakose at gmail.com> >; Bob Zimmerman
> <bobzimmerman at usa.com <mailto:bobzimmerman at usa.com> >; Erin Dainer
> <edainer at gmail.com <mailto:edainer at gmail.com> >; Jeff Naquin
> <jwnaquin at gmail.com <mailto:jwnaquin at gmail.com> >; Jen Meyers
> <jenmeyer at msn.com <mailto:jenmeyer at msn.com> >
> Sent: Wed, May 4, 2011 8:19 am
> Subject: Condo repair request procedure
>
>
>
> Procedures for Condo Repair Requests
>
> 1. Any owner that has a request for a repair of a common area of the
> condo grounds or building is kindly asked to submit the request via
> email to the president of the association David O'Donaghue at
> druben2 at hotmail.com <mailto:druben2 at hotmail.com> by the first of the
> month.
>
>
> 1. The officers of the board will discuss all requests that have been
> submitted no later than the first of the month within the first two
> weeks of the month and make a determination given urgency, need,
> inconvenience and budget that the repair can be done. David will send
> out that determination to all the owners.
>
>
> 1. It is then the responsibility of the requester to make all
> arrangements for repairs and submit the receipt for the work to David
> in order to be reimbursed by the association.
>
>
> 1. The treasurer will do his best to reimburse the owner for the
> expenses in a prompt manner.
>
>
> 1. ABSOLUTELY NO REPAIRS DONE WITHOUT PRIOR AUTHORIZATION WILL BE
> CONSIDERED LATER, WITH OR WITHOUT A RECEIPT.
>
>
> 1. Owners are not to deduct any costs from their condo dues and if
> said practice takes place a charge of $100 will be assess monthly
> until the entire balance is paid in full.
>
>
> 1. Those situations that immediately threaten the building or safety
> of residence can be addressed by the Owners directly.
>
>
>
>
>
>
>
>
> ----------------
>
> =
>
>
> --
> Mimi Kuriakose Hudkins
>
>
>
> --
> Mimi Kuriakose Hudkins
>
>
>
> --
> Mimi Kuriakose Hudkins
>
>
>
> --
> Mimi Kuriakose Hudkins
>
>
>
> --
> Mimi Kuriakose Hudkins
>
>
>
> --
> Mimi Kuriakose Hudkins
>
>
>
> --
> Mimi Kuriakose Hudkins
>
> _______________________________________________
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>
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>
>
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