Steve, I am reading the messages on a Blackberry and hadn't notice the reference to Louisiana . That is rather strange. John Sent from my mobile office
-----Original Message----- From: Stephen J Gewirtz <gewi...@bellatlantic.net> Date: Mon, 25 Jul 2011 13:28:59 To: <chat@charlesvillage.info> Subject: Re: [Chat] For the record 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, langwi...@comcast.net <mailto:langwi...@comcast.net> wrote: who is he, John? Why is it posted on our list? ---------------- From: "John Spurrier" <jfs...@hotmail.com> <mailto:jfs...@hotmail.com> To: chat@charlesvillage.info <mailto:chat@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: langwi...@comcast.net <mailto:langwi...@comcast.net> Date: Mon, 25 Jul 2011 12:58:05 To: <chat@charlesvillage.info> <mailto:chat@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" <drub...@hotmail.com> <mailto:drub...@hotmail.com> To: "Mimi Kuriakose" <mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> , "The Charles Village Chat List" <chat@charlesvillage.info> <mailto:chat@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: mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> To: drub...@hotmail.com <mailto:drub...@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 <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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: mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> To: drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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 <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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: mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> To: drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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 <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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: mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> To: drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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 <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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: mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> To: drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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 <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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: mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> To: drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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 <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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: mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> To: drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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 <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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: drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> Subject: Re: Condo repair request procedure Date: Wed, 4 May 2011 11:51:39 -0400 From: bobzimmer...@usa.com <mailto:bobzimmer...@usa.com> <mailto:bobzimmer...@usa.com> <mailto:bobzimmer...@usa.com> Fuck you you asshole. I couldn't open my front door. -----Original Message----- From: David O'Donaghue <drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> > To: Mimi Kuriakose <mimikuriak...@gmail.com <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> <mailto:mimikuriak...@gmail.com> >; Bob Zimmerman <bobzimmer...@usa.com <mailto:bobzimmer...@usa.com> <mailto:bobzimmer...@usa.com> <mailto:bobzimmer...@usa.com> >; Erin Dainer <edai...@gmail.com <mailto:edai...@gmail.com> <mailto:edai...@gmail.com> <mailto:edai...@gmail.com> >; Jeff Naquin <jwnaq...@gmail.com <mailto:jwnaq...@gmail.com> <mailto:jwnaq...@gmail.com> <mailto:jwnaq...@gmail.com> >; Jen Meyers <jenme...@msn.com <mailto:jenme...@msn.com> <mailto:jenme...@msn.com> <mailto:jenme...@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 drub...@hotmail.com <mailto:drub...@hotmail.com> <mailto:drub...@hotmail.com> <mailto:drub...@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 _______________________________________________ Chat mailing list Chat@charlesvillage.info <mailto:Chat@charlesvillage.info> http://charlesvillage.info/mailman/listinfo/chat_charlesvillage.info archive: http://www.mail-archive.com/chat@charlesvillage.info/ _______________________________________________ Chat mailing list Chat@charlesvillage.info <mailto:Chat@charlesvillage.info> http://charlesvillage.info/mailman/listinfo/chat_charlesvillage.info archive: http://www.mail-archive.com/chat@charlesvillage.info/ _______________________________________________ Chat mailing list Chat@charlesvillage.info <mailto:Chat@charlesvillage.info> http://charlesvillage.info/mailman/listinfo/chat_charlesvillage.info archive: http://www.mail-archive.com/chat@charlesvillage.info/ _______________________________________________ Chat mailing list Chat@charlesvillage.info http://charlesvillage.info/mailman/listinfo/chat_charlesvillage.info archive: http://www.mail-archive.com/chat@charlesvillage.info/
