Post by Admin on Jun 30, 2015 12:03:01 GMT -5
About 10:30am, I got a call from Shn at the office telling me that "nobody was running around on your property" and that my House For Sale Sign had been removed.
Attachment DeletedI peeked out my door and saw the sign was not there. I asked "WHO removed it?" She replied "Security". I asked "Why was it removed?" She replied that "the rules said the signs had to be ON the garbage stump and all the signs that were not there were removed and being held at the office". I politely told Shn to have the sign returned immediately. I further stated that I was in compliance with all sign ordinances of Polk County and that there was NO SLohA rule which was existent or, even IF existent, overrode the authority of Polk County. I said that removal of my personal property was trespass and theft. She said it would be returned.
I then called Polk County Sheriff to make a report of the theft and trespass. I then phoned a friend to come over and witness all proceedings.
Chap soon arrived with my sign and offered it back to me.
Attachment DeletedAt my request, he replaced it the ground where it had been removed.
Chap and I chatted. I asked "Who removed it" Answer: "Security." I asked "Who instructed Security to remove it?" Answer: "Well the Rules say you have to have the sign on the stump". I repeated my question "Who ordered Security to remove it? Answer: "I did." I remarked "Then You ordered the property Theft and Security Trespassed; I need to have my facts clear".
I then said "There are NO MORE RULES--only Polk County sign ordinances" and he said "He made a mistake". I asked if he was instructed to do this as one would reasonably think that a Manager would have been oriented by his employing Management Company about the expired Covenants/Rules. I commented that he would be smart to throw the Rulebook away for the time being. He then acknowledged that the rules were not in effect but the action was taken as a result of COMMON SENSE. I swear that's what he said! (It was witnessed!) He said they were calling all the Owners about this and I cautioned him not to do that-it would make things worse! I then told him that as a newly-licensed manager, it might be prudent to not act on Common Sense when it involved Owners' private property and seek competent direction of the Management Company and Board.
Then, I summarized our conversation and understanding i.e. this was private property, subject only to Polk County Law, he had thieved my property and his agent had trespassed and thieved as he directed, there were NO Rules in existence and there was no enforcement authority in any case. I asked him to repeat these facts back to me (or clarify) so that we were understanding each other in the future.
He REFUSED to validate these statements.
I then sent him on his way and waited for the Police. In the meantime, I happened to see an ambulance go on a nearby street and followed it in my golf cart.
Attachment DeletedImagine my surprise when the house next store to the ambulance had a House For Sale exactly like mine in the street easement! (Mine was not even in the streetside easement but squarely on my property!) I wondered if this was "selective enforcement/harassment or maybe Security "missed" this one!
Along comes the Polk County Sheriff. Predictably, he (Officer Pearce) REFUSED to make even a written call report because the sign had been returned. I politely insisted on a written report for the Trespass and told him my attorney requires documentation of all Management contacts with me. He refused and I asked him for the name/number of his superior officer. He then returned to his vehicle and apparently consulted with his supervisor. Soon, he returned and handed me my Case number 2015-28968. I will post it when it is available.
Immediately after the Officer departed, I called Chap and informed him that I had filed a trespass complaint and had a case number. He seemed miffed that we could not work out "the mistake" amicably. I told him it was nothing personal and he could thank his predecessor for the long-standing history of lies and harassment of owners and I did not want to see the return of that pattern. I told him I am currently represented by a lawyer who is monitoring the continuing pattern of harassment of his clients in here. I suggested in a friendly way that Chap be very careful to protect his license and livelihood by avoiding these kinds of encounters that could result in getting involved in litigation. He thanked me for the "heads up".
And now, the aftercarnage; Shn was overheard by a visitor in the Office telling Owners that "their signs had been blown down" and were being replaced.
Attachment DeletedI peeked out my door and saw the sign was not there. I asked "WHO removed it?" She replied "Security". I asked "Why was it removed?" She replied that "the rules said the signs had to be ON the garbage stump and all the signs that were not there were removed and being held at the office". I politely told Shn to have the sign returned immediately. I further stated that I was in compliance with all sign ordinances of Polk County and that there was NO SLohA rule which was existent or, even IF existent, overrode the authority of Polk County. I said that removal of my personal property was trespass and theft. She said it would be returned.
I then called Polk County Sheriff to make a report of the theft and trespass. I then phoned a friend to come over and witness all proceedings.
Chap soon arrived with my sign and offered it back to me.Attachment DeletedAt my request, he replaced it the ground where it had been removed.
Chap and I chatted. I asked "Who removed it" Answer: "Security." I asked "Who instructed Security to remove it?" Answer: "Well the Rules say you have to have the sign on the stump". I repeated my question "Who ordered Security to remove it? Answer: "I did." I remarked "Then You ordered the property Theft and Security Trespassed; I need to have my facts clear".
I then said "There are NO MORE RULES--only Polk County sign ordinances" and he said "He made a mistake". I asked if he was instructed to do this as one would reasonably think that a Manager would have been oriented by his employing Management Company about the expired Covenants/Rules. I commented that he would be smart to throw the Rulebook away for the time being. He then acknowledged that the rules were not in effect but the action was taken as a result of COMMON SENSE. I swear that's what he said! (It was witnessed!) He said they were calling all the Owners about this and I cautioned him not to do that-it would make things worse! I then told him that as a newly-licensed manager, it might be prudent to not act on Common Sense when it involved Owners' private property and seek competent direction of the Management Company and Board.
Then, I summarized our conversation and understanding i.e. this was private property, subject only to Polk County Law, he had thieved my property and his agent had trespassed and thieved as he directed, there were NO Rules in existence and there was no enforcement authority in any case. I asked him to repeat these facts back to me (or clarify) so that we were understanding each other in the future.
He REFUSED to validate these statements.
I then sent him on his way and waited for the Police. In the meantime, I happened to see an ambulance go on a nearby street and followed it in my golf cart.
Attachment DeletedImagine my surprise when the house next store to the ambulance had a House For Sale exactly like mine in the street easement! (Mine was not even in the streetside easement but squarely on my property!) I wondered if this was "selective enforcement/harassment or maybe Security "missed" this one!
Along comes the Polk County Sheriff. Predictably, he (Officer Pearce) REFUSED to make even a written call report because the sign had been returned. I politely insisted on a written report for the Trespass and told him my attorney requires documentation of all Management contacts with me. He refused and I asked him for the name/number of his superior officer. He then returned to his vehicle and apparently consulted with his supervisor. Soon, he returned and handed me my Case number 2015-28968. I will post it when it is available.Immediately after the Officer departed, I called Chap and informed him that I had filed a trespass complaint and had a case number. He seemed miffed that we could not work out "the mistake" amicably. I told him it was nothing personal and he could thank his predecessor for the long-standing history of lies and harassment of owners and I did not want to see the return of that pattern. I told him I am currently represented by a lawyer who is monitoring the continuing pattern of harassment of his clients in here. I suggested in a friendly way that Chap be very careful to protect his license and livelihood by avoiding these kinds of encounters that could result in getting involved in litigation. He thanked me for the "heads up".
And now, the aftercarnage; Shn was overheard by a visitor in the Office telling Owners that "their signs had been blown down" and were being replaced.
