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euphronius posted:The problem in this case is the reasonability clause of that statute. I don't think that's a problem for this guy, though - I suspect that a brief letter (maybe from a lawyer) citing that statute and being all formal might be enough to get her to back off.
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May 1, 2012 19:47
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My fiance lives with me. She owns a townhouse in another city. That home is on the market. Recently, an offer was made on her house, and she accepted. However, upon inspection, dry-wood termites were discovered. The entire townhouse complex needs to be tented and fumigated. The contract is in danger of falling through now. The bank won't even approve the home loan for the interested buyer unless all the homes are treated. Everyone in the complex agreed to the fumigation because they know that A) their homes are all connected and likely infested as well, and B) it's in their own best interests regardless... save one person. One of the owners in the complex has Cystic Fibrosis. Understandably, he's reluctant to have his home fumigated because he'll be moved out to a hotel room for the better part of a week. My fiancee is aware of the massive inconvenience of it all. So, she offered to pay for his portion of the fumigation *and* for his hotel room. He's still refusing. My question is: What recourse do we have if any? We're having trouble wrapping our minds around this. Can he just hold all of these homes hostage indefinitely? At least one other owner in the complex is looking to put their house on the market in the next few months. She won't be able to sell either. What can we do? I mean, it's not a matter of if the homes need to be treated but when. In the meantime this offer on the home is going to fall through and end up costing us thousands of dollars. I'm not callous to this dude's situation, but his home IS going to need to be fumigated. He shouldn't be screwing others in the meantime.
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May 2, 2012 00:49
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M.C. McMic posted:What can we do? I mean, it's not a matter of if the homes need to be treated but when. In the meantime this offer on the home is going to fall through and end up costing us thousands of dollars. I'm not callous to this dude's situation, but his home IS going to need to be fumigated. He shouldn't be screwing others in the meantime. Her HOA requires unanimous consent for necessary maintenance? That is unusual, you should really check her HOA documents to be sure. Usually they just need a majority, sometime 2/3, to pass a special assessment and get work done. If one person won't pay, the HOA collects extra from the homeowners who will, then slaps a lien on the home of the deadbeat. Work gets done, and the cost of the deadbeat is spread around the remaining owners. If the homeowner does not pay up within a specified time, the HOA can then foreclose on the unit and sell it to pay off back fees. When the fees are recovered the HOA can then return the funds, or usually, keeps them in reserve. It sucks that the guy has an illness, but he doesn't get to arbitrarily screw over the rest of the people who live there. If your HOA approves the work, but he refuses to move out to let the work be done, your HOA should be able to request that your local building department temporarily condemn the building due to the risk of permanent structural damage the termites pose, and the local Law Enforcement Agency will remove him by force. This is one case where your HOA should work for you. If they are refusing to allow/perform maintenance such that the lack of it will result in further damages, you need to contact a real estate attorney ASAP to try and force them to do so. Usually one of the duties of an HOA explicitly spelled out in the documents is to perform communal maintenance. And you need to hurry, termites can totally ruin a wood-frame structure, and do it in a comparatively short period of time. You would also need to contact a real estate attorney regarding damages from losing the sale. I don't know enough about that to tell you anything definitive, but my gut says you would be suing the HOA that is failing to use its powers, rather than the one individual who voted "No."
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May 2, 2012 01:17
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I just had my fiancee retrieve the HOA agreement after I posted. There is definitely verbiage in there regarding communal maintenance and maintenance for repair or to prevent destruction to the property. I think it's based on a majority vote. I actually just forwarded the document along to my brother, who is an attorney at a real estate law firm. He'll have a better understanding than I do of the implications of it all. At this point, I think we're less worried about this fumigation happening (it will eventually happen) as we are about losing this offer on the house and having to pay 3/4/5 months more mortgage payments until another offer comes along due to this guy stalling. I mean, I could easily see the buyer just saying, "gently caress it. Not worth my time," at this point.
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May 2, 2012 02:13
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Dudebro posted:I don't think it's scire. It was in the context of "if they accept your legal siri in the case, then...." or "the siri of the case seems to be...." Most likely a mispronunciation of theory. Was the speaker German? Also, anyone who tells you how a Latin word should be pronounced is talking out of their rear end. All sorts of differences between classical/Romanticized Latin pronunciation, and just because Black's Law settled on one given way doesn't make it correct. Per exemplum: http://sobek.colorado.edu/~mciverj/WP_Certiorari_120301.html
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May 2, 2012 02:13
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M.C. McMic posted:I mean, I could easily see the buyer just saying, "gently caress it. Not worth my time," at this point. Your brother should be able to tell you if you have a case, and if so, against who. Please drop back in and let us know what he says, unless he forbids any internet mention of it. I'm curious to see if my hunch was correct.
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May 2, 2012 02:31
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euphronius posted:I am not you, but I would send her a nice formal letter asking her to stop. Then if she doesn't I would hire a lawyer who knows OK law and go from there. There is no reason to contact the police at this point. IMHO. That is a common sense answer rather than a legal answer really. Not legal advice but sometimes engaging the person in any way just escalates the issue especially with nutballs like that. Unless it's serious threats or whatever it would be best to try to block out the number via the carrier. If you have a smart phone there are ways to basically quietly send the texts/calls to the trash.
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May 2, 2012 03:36
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M.C. McMic posted:. I would expect that the HOA suggestion will solve the matter for you, but my plan B would be to find out if contagious insects would constitute a nuisance at common law. Just spitballing that one. Not sure if you could get a court to order fumigation, though, usually the remedy would be an injunction to stop doing something offensive (rather than ordering a positive act).
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May 2, 2012 06:08
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broken pixel posted:Though she hasn't threatened me beyond a petty, "herp derp I'll tell on yooou," I am extremely uncomfortable. She scares the poo poo out of me, especially since she prides herself in being socially powerful and whatnot. Um, is this a former lover or something? Not that it matters, but I guess I'm just curious about the sort of hold you think she has on you
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May 2, 2012 06:25
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I will be departing for the Peace Corps in June and I need to make a Durable Power of Attorney Form for all financial matters so my parents can deal with legal obligations while I'm gone. Our bank said they could draw one up for $45, but I didn't know if I could find a free copy online somewhere?
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May 2, 2012 19:02
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Tequila Sunrise posted:I will be departing for the Peace Corps in June and I need to make a Durable Power of Attorney Form for all financial matters so my parents can deal with legal obligations while I'm gone. Our bank said they could draw one up for $45, but I didn't know if I could find a free copy online somewhere? What state are you in? Your state almost certainly has a statutory power of attorney form. I can direct you to it if you tell me your state. Also, the form that your bank draws up is probably not a power of attorney for all of your financial matters, just for your assets at that bank - banks should be careful about drafting legal documents for clients because that could be unlicensed practice of law.
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May 2, 2012 19:16
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entris posted:What state are you in? I'm in Kansas. I've found a few different forms online, but they were very specific such as title's to my car or specific bank accounts. Thanks a bunch!
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May 2, 2012 20:21
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I found one for a health care power of attorney in the statutes, but not one for anything else. I was just searching Kansas State Legislature Online, though. AFAIK Texas (my state) only has a statutory health care one as well.
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May 2, 2012 20:32
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Yeah I'm not seeing anything in the statutes. I guess try your bank's form. The best answer is to call up some solo practitioners and get a quote for a durable general power of attorney. It should be cheap and easy to do.
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May 2, 2012 22:10
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I'll preface this by saying I know I made a lot of mistakes in this situation. I won't be making them again. Last week I got into a car accident. I was completely stopped and I was rear ended. When I went to exchange info, they didn't have their insurance card but claimed they had insurance. I didn't call the cops but got their personal info and left the scene. I didn't get the driver's name, just the passenger's. I started a claim with their insurance company but now their insurance can't get a hold of them and suggested going through mine. I started a claim with my insurance company today and the rep said I had a 50% chance to get money for repairs. Is there anything I can do? Small claims? Is the driver or the owner of the car (passenger) liable? Am I just boned? This is in WA.
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May 3, 2012 01:49
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iloverice posted:I'll preface this by saying I know I made a lot of mistakes in this situation. I won't be making them again. You're dumb as hell, Jesus E: aren't they both liable?
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May 3, 2012 02:23
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Baruch Obamawitz posted:You're dumb as hell, Jesus What's your theory on that?
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May 3, 2012 02:31
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Baruch Obamawitz posted:You're dumb as hell, Jesus Only if the owner knew that the driver was an irresponsible driver or had certain provisions worked into his policy that he probably didn't have. Call a lawyer. They might get you something through an uninsured motorist provision.
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May 3, 2012 02:54
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Wait, you got ahold of their insurance company, so I assume they were insured after all. IANAL but it's not your loving problem their insurance company can't get ahold of them. Keep pestering their insurance company and get an estimate for the repairs sent to them, too. If the policy is valid and you make a claim against it that the other guy won't even respond to the insurance company has to see the writing on the wall... If on the off chance this doesn't work and you have comprehensive coverage on your car (or uninsured/underinsured coverage, which you should drat well get if you don't; it's cheap) your own insurance company should pay for the damage and will then sue his to get their money back (so no need for you to sue them yourself). You'll be out your deductible though, at least until your company wins the suit (they'll refund it then). Edit: rereading your post it sounds like you might not have comprehensive or un/under-insured coverage. Keep hassling his insurance company, don't let them blow you off. They owe you. At some point you will need a lawyer if they continue to be stubborn though. Choadmaster fucked around with this message at 07:07 on May 3, 2012 |
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May 3, 2012 07:02
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I do have uninsured driver coverage, so the max that I am out is my deductible. What I'm finding frustrating is that their insurance company can't get a hold of them. My insurance told me that a claim cannot be completed without their side of the story and if they don't get back to either company the claim will be denied. It seems like bullshit that someone can try to skirt responsibility by just not answering the phone. At this point, I'm getting my car fixed through my insurance and going to let them try to get my money for me.
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May 3, 2012 15:10
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iloverice posted:I do have uninsured driver coverage, so the max that I am out is my deductible. What I'm finding frustrating is that their insurance company can't get a hold of them. My insurance told me that a claim cannot be completed without their side of the story and if they don't get back to either company the claim will be denied. It seems like bullshit that someone can try to skirt responsibility by just not answering the phone. Why is it your loving problem if they can't get a hold of them? If that's how you get out of having your insurance company pay for poo poo you do, then I'm not ever answering phone calls from my insurance company after I do something stupid. Why does your insurance company determine how their insurance company completes a claim?
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May 3, 2012 15:50
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Its my problem because there is damage to my car? I would like this to be resolved in a somewhat timely manner. I've been keeping in touch with their insurance and they have the attitude of "We can't seem to reach them. Oh well." After over a week of no response, they simply said I might have better luck going through my own insurance. I then start a claim with my insurance and they are saying that, while they can fix my car after I pay the deductible, they can only go so far with a non-responsive party and there is a 50% chance I'll get my deductible back. I'm not claiming to be an expert (or even somewhat knowledgeable) about these things; this is what my insurance representative is telling me.
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May 3, 2012 16:10
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iloverice posted:Its my problem because there is damage to my car? Yes, I realize that. I meant you should say to them "it's not my problem you can't get a hold of them". If not answering the phone when your insurance company calls is a valid method of avoiding pay outs my head will explode. Though, to be honest, this whole thing is weird.
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May 3, 2012 16:21
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iloverice posted:Its my problem because there is damage to my car? I would like this to be resolved in a somewhat timely manner. I've been keeping in touch with their insurance and they have the attitude of "We can't seem to reach them. Oh well." After over a week of no response, they simply said I might have better luck going through my own insurance. I then start a claim with my insurance and they are saying that, while they can fix my car after I pay the deductible, they can only go so far with a non-responsive party and there is a 50% chance I'll get my deductible back. I'm not claiming to be an expert (or even somewhat knowledgeable) about these things; this is what my insurance representative is telling me. Ok I've dealt with this. IANAL but I can offer advice about a similar situation. Your insurance company will take care of things. Think about this. You have uninsured motorist coverage. Now your insurance has paid money, probably thousands of dollars to fix your car. You are on the hook for your deducatable, but they have also paid out a good bit of cash. They want their money. in the process of them getting their money from the other guys insurance company, they will get you your deductable. Why they said 50%, who knows? They're just telling you that it is possible you won't get it back, but if your relax you most likely will. Get your car fixed, be patient, and if you never recover your deductable, that's the cost of not doing the right thing. You learned a lesson. In my case a drunk driver hit me, and fled the scene. I called the cops, they identified the car etc. It went to court, a couple months later I got my deductable back from my insurance company after they got done getting the money from his insurance co.
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May 3, 2012 16:40
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iloverice posted:Its my problem because there is damage to my car? I would like this to be resolved in a somewhat timely manner. I've been keeping in touch with their insurance and they have the attitude of "We can't seem to reach them. Oh well." After over a week of no response, they simply said I might have better luck going through my own insurance. I then start a claim with my insurance and they are saying that, while they can fix my car after I pay the deductible, they can only go so far with a non-responsive party and there is a 50% chance I'll get my deductible back. I'm not claiming to be an expert (or even somewhat knowledgeable) about these things; this is what my insurance representative is telling me. It's probably quicker and less headache to go through your insurance, but definitely attempt to light a fire under the other insurance. They should be attempting to reach the insured through mail and whatever other means. They can't just ignore you. It sounds like they're just a lovely insurance company who thinks they can push you aside. Also in the future always call the police. The police report can be used in lieu of a response from the insured in a lot of cases. Good luck. I know it sucks. I had a similar encounter (owner in the passenger seat trying to dodge responsibility) and it was such a hassle to get my car fixed. Your insurance is on your side though. They don't want to pay out of pocket either.
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May 3, 2012 16:43
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Powers of attorney are usually pretty cheap and most law firms have flat fees for them.
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May 3, 2012 16:48
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Here's an interesting question... I'm currently locked in a long, drawn out argument with the professor in one of my classes because of an incident in which the TA lost one of my tests. During this argument, she sent an email to me, her department head, and both my parents. If it had just been me and her department head, there'd be no problem. However, I'm concerned that the information included in her email violates FERPA. She did not give any specific grade values so I may be wrong on this, but she did say this (forgive the language, she is not a native English speaker): "frequent absence from the class, miss assignment, poor peer-review grade, and the grades from all exams are not good either." None of the above really has anything to do with the argument I have with her. I feel like she was specifically trying to discredit me. I never pretended to be a perfect student, I know that I had poor grades in her class, but that's neither here no there. I don't think she's allowed to tell my parents any of those things, but I can't be sure. If anyone understands FERPA I'd love to know if she broke FERPA with this email.
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May 3, 2012 17:05
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You should probably take that to your dean of students, and/or schedule an appointment with the department head specifically to discuss the FERPA problem. I don't know much about FERPA, but it probably does cover circumstances like this. How did the TA get access to your parents' e-mail addresses? If you brought them into the conversation, that might have changed things, but if the TA initiated contact with the parents (on the TA's initiative, or at the parents' request) there is probably a FERPA issue.
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May 3, 2012 17:08
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Thanks everyone, I'll just go through my insurance and keep bugging their insurance. I'm never going to make those mistakes again, thats for sure.
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May 3, 2012 17:09
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Arcturas posted:You should probably take that to your dean of students, and/or schedule an appointment with the department head specifically to discuss the FERPA problem. I don't know much about FERPA, but it probably does cover circumstances like this. How did the TA get access to your parents' e-mail addresses? If you brought them into the conversation, that might have changed things, but if the TA initiated contact with the parents (on the TA's initiative, or at the parents' request) there is probably a FERPA issue. It was the professor who sent the email (the TA lost the test but wasn't involved in this discussion). I forwarded my parents an email sent to me from my Professor who was questioning my honesty in whether or not I took the test (I did). She has no proof to back up her claim and I found the email very offensive so I passed it along to my parents. My father forwarded the email to the department head, voicing his concern that she was calling me a liar. The department head sent it to the professor. My professor responded specifically to my father's comments and then went further to tell them I was a poor student. Which was ENTIRELY unwarranted and unprofessional. She knew she was replying to my father, so it's not as if she was unaware who the email was being sent to. Edit: I haven't formally waived my FERPA right regarding my parents so I know that my bringing them into the discussion isn't an issue. In fact, when my father emailed the department head, the department head responded with "I'll discuss this with the professor, but you know under FERPA I can't discuss your daughter's academics with you." JibbaJabberwocky fucked around with this message at 17:28 on May 3, 2012 |
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May 3, 2012 17:22
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You brought your parents into this mess when you forwarded her email to them. If you didn't want them involved, why did you forward the email in the first place? You call her unprofessional for responding to your father, who contacted her boss after YOU forwarded her email to your father. Looking at the FERPA rules here, I would say that she violated the disclosure rules - but so what? FERPA lets you file a complaint with the U.S. Department of Education, which will probably take months to process, and the available remedies aren't particularly helpful to you. You could get a cease and desist order preventing your school from further disclosure to your parents, and theoretically the school could lose some federal funding (which is pretty unlikely for one small event). So basically, you can spend your time filing a complaint if you want, just for the purpose of creating a headache for your school and the professor, but it's probably just going to antagonize the school, department, and professor against you. You should use your time and energy to come up with a persuasive proof that you took the test. For example, if you have regularly poor grades in the class, but you still regularly show up to take the exams, you can say "Look, I don't like attending lectures but I always show up for exams - see?" You can point out that you show up, even though you know you will get a poor grade. If you can, point to your record of taking tests in your other classes - assuming that you never miss tests. Try to think of stuff like that.
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May 3, 2012 17:43
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JibbaJabberwocky posted:I never pretended to be a perfect student, I know that I had poor grades in her class, but that's neither here no there. Self admittedly, you are a poor student. There is no sense in being offended about the truth. Its not even part of your argument. There are very easy ways to prove you took the test. In fact, should you choose to antagonize the school, department, and professor you are essentially devaluing the tuition money you are paying. Professors are great sources for introductions to the professional world. They are often very influential with former students and contacts. IANAL. I am not your lawyer. I am not practicing law on the internet. But I do understand your position and how it sucks.
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May 3, 2012 17:59
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I wasn't intending to fill out a complaint form based on this event. I just wanted to keep it in my back pocket as another example of my professor's poor behavior if it was indeed a FERPA violation. If I get everything I need out of my professor when I meet her then I won't ever have to mention it. There aren't any ways to prove definitively that I took the test. I don't expect to have my exams lost and therefore do not keep official records of my movements. And I am not a poor student, I never said that. I'm a pretty decent student actually. My GPA's not amazing (3.2) but I'm working in a difficult field. I had poor grades in her class (two, one of which I'm formally contesting) but that doesn't make me a poor student. I also had some really great grades in her class, but she never mentioned that part. That being said you basically answered my questions, so thanks! JibbaJabberwocky fucked around with this message at 20:21 on May 3, 2012 |
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May 3, 2012 19:57
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Small claims trip report: Back story: we signed a lease for a house the landlords lived in and were moving out of. We gave them 90 days to move and the move in day would have been then. They never really got their poo poo together and there were s bunch of things wrong / broken. We had a walk through where we pointed out the discrepancies and asked them to fix them. There was a bunch of trash as well we asked them to remove from the property. We said we wouldn't move in until the issues were fixed, they refused to fix them. In the meantime, we by verbal agreement, had a storage container of our stuff on the property. After the impasse, we got a letter from their lawyer rescinding our lease saying they'd tender the deposit. We removed our container and asked for our money back. They gave us no money and claimed we had broken the lease and were keeping our first/last/deposit until they found another renter. We then sued. I thought we had a pretty open and shut case, but my wife and the mediator didn't. Particularly that we had put stuff on their property. We ended up settling for less than the full amount, set a up a monthly payment an and got a continuance for six months to check up that they're paying. I was a little disappointed with not being able to present my case to the judge, but while waiting around for the judge to sign off the agreement, the judge and the defendant obviously knew each other and were chatting it up about their kids. I'm thinking I did OK. I traded some to get the payment plan where I would still have to collect even if I won a judgement. I can still go back if they don't stick with the payments. Thoughts? This in in California fwiw.
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May 3, 2012 21:41
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JibbaJabberwocky posted:I wasn't intending to fill out a complaint form based on this event. I just wanted to keep it in my back pocket as another example of my professor's poor behavior if it was indeed a FERPA violation. If I get everything I need out of my professor when I meet her then I won't ever have to mention it. Don't ever go over to the bitch about students thread in SAL, they loving hate kids like you. As a warning, and this is just anecdotal evidence from my own time in academia, IANAL, I am certainly not your lawyer, nothing about this is legal advice, but "keep[ing] it in your back pocket" is just going to end poorly for you if you end up going over your professor's head. Rare is it that a single test from a giant stack goes missing, I doubt your TA "lost" it. There may have been pages stuck together, or whatever, but I suggest when you go to talk about it with school officials, you drop the ego at the door.
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May 3, 2012 21:54
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areyoucontagious posted:Don't ever go over to the bitch about students thread in SAL, they loving hate kids like you. As a warning, and this is just anecdotal evidence from my own time in academia, IANAL, I am certainly not your lawyer, nothing about this is legal advice, but "keep[ing] it in your back pocket" is just going to end poorly for you if you end up going over your professor's head. Rare is it that a single test from a giant stack goes missing, I doubt your TA "lost" it. There may have been pages stuck together, or whatever, but I suggest when you go to talk about it with school officials, you drop the ego at the door. I have every intention of dropping my ego at the door, I never meant to imply otherwise. I came in because I didn't really understand FERPA and I wasn't sure if that was something that I should be addressing, hence the question. I've gotten advice from other sources and apparently should simply forget about the FERPA violation because it's not important in this situation. Our TA has been causing a lot of trouble in this class, even the professor is unhappy with her, this isn't a surprising development. I've never had a test go missing so this is a new thing for me too. Both the TA and professor looked for it so I have no idea what happened to it and can only assume that the TA misplaced it. I've had mostly good to excellent professors during my 4 years in college, but it would be folly to assume that there aren't a few bad apples. I had no issues with this professor prior to this incident and only currently have an issue with her because she hasn't been handling the situation well. She's a fairly new professor from China and I believe that most of her work is involved in research. I just think she's not sure how the handle the situation but her department head is giving her the chance to fix this herself without bringing him in. It might be because I'm stressed but I'm a little saddened that you would consider me to be the kind of student that professors hate from reading a few posts online. I have a great relationship with most if not all of the professors I've had in the past few years. Maybe this situation has made me appear otherwise, but really its that I'm floundering in search of a solution for a problem that I didn't create. Being told you may have to re-take a class is pretty heartbreaking.
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May 3, 2012 22:38
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JibbaJabberwocky posted:[snip] You got any friends in that class that saw you take the test?
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May 3, 2012 23:00
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Honestly the internet is a terrible place for establishing a person's personality. You should probably get a make up, I'm not sure why the prof wouldn't give you one, but your posts just rubbed me the wrong way. No offense implied, I've just had too many bitchy students that I overcompensate a little. Were I you I would press for a re-take, and if they refuse then you can escalate. The other problem with FERPA is your connection with your parents in regards to finances. If they still claim you as a dependent, then things can get muddled very easily. It's probably a good plan to drop the FERPA thing and focus on getting a make-up. CaptainScraps posted:You got any friends in that class that saw you take the test? While this is a good idea, I can't imagine having a couple friends really swing the situation her way completely. Still a good plan, though, and it certainly can't hurt. sephiRoth IRA fucked around with this message at 23:07 on May 3, 2012 |
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May 3, 2012 23:04
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areyoucontagious posted:The other problem with FERPA is your connection with your parents in regards to finances. If they still claim you as a dependent, then things can get muddled very easily. It's probably a good plan to drop the FERPA thing and focus on getting a make-up. I've always been under the impression that, once the student turns 18, the student's parents cannot be given any educational records without explicit permission from the student. They don't care where the money for tuition comes from. I can see parents telling the student "let me see your report card or I won't pay your tuition", but that has nothing to do with the school. not a lawyer, etc, etc. Anyway, I wouldn't try to use this scenario as something to hold over the professor in any way. The punishment for violations for them is usually a slap on the wrist and a "don't do that", unless they've shown a long history of causing problems.
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May 3, 2012 23:29
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Didn't they take attendance in the class when you took the test?
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May 3, 2012 23:32
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