[Chat] For the record

Eric Dymond ericdymond at gmail.com
Mon Jul 25 09:37:06 EDT 2011


Either way this doesn't seem like an appropriate forum.

On Mon, Jul 25, 2011 at 9:28 AM, Stephen J Gewirtz <gewirtz at bellatlantic.net
> wrote:

> 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> <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> <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> <druben2 at hotmail.com>
> To: "Mimi Kuriakose" <mimikuriakose at gmail.com> <mimikuriakose at gmail.com>,
> "The Charles Village Chat List" <chat at charlesvillage.info><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> <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><mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com> <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> <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><mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com> <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> <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><mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com> <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> <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><mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com> <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> <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><mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com> <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> <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><mimikuriakose at gmail.com>
> To: druben2 at hotmail.com <mailto:druben2 at hotmail.com> <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> <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><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><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><druben2 at hotmail.com>>
> To: Mimi Kuriakose <mimikuriakose at gmail.com
> <mailto:mimikuriakose at gmail.com> <mimikuriakose at gmail.com> >; Bob
> Zimmerman <bobzimmerman at usa.com <mailto:bobzimmerman at usa.com><bobzimmerman at usa.com>>; Erin Dainer <
> edainer at gmail.com <mailto:edainer at gmail.com> <edainer at gmail.com> >; Jeff
> Naquin <jwnaquin at gmail.com <mailto:jwnaquin at gmail.com><jwnaquin at gmail.com>>; Jen Meyers <
> jenmeyer at msn.com <mailto:jenmeyer at msn.com> <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> <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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