Verrrrrrry conflicted about this town - Part 4
Posted in the Larimer County Forum
Since: Dec 11
#1 Dec 8, 2011
The Judge -- Eighth Judicial District Judge Daniel Kaup -- decided that the HOA had no obligation to act, in my situation, and -- by implication -- that no matter how egregious the actions OF the HOA WERE -- they were legally okay, despite a fiduciary obligation TO the homeowners, a duty of "utmost good faith," and a prohibition against the sort of "arbitrary and capricious" behavior that they so clearly demonstrated, in deciding what they would and wouldn't do.
Among the other impacts of this decision, it has emboldened the HOA Vice President, who now verbally torments me, whenever he sees me. I finally filed a police report against HIM, and against his next door neighbor, who tried to run me off the road with his truck.
He taunted me again, just a few days ago.
This HOA Vice President is an athlete, a hunter, and generally a young man who seems in robust good health, and -- presumably -- gets great joy and satisfaction from tormenting a disabled guy.
When we moved into this house, my neighbors' dogs were puppies. After months of incessant barking, I told my neighbors that -- along WITH the toll that it was taking on me -- the barking did NOT seem normal, and that their dogs might NOT BE OKAY.
The neighbors -- first-time dog owners -- denied that, took significant offense to that, and dug their heels in even further.
About a year ago, the primary barker of the two sister puppies died, at age two, from an autoimmune disease.
Either the stress of being left alone CAUSED the disease or the barking was a symptom OF the disease. Either way....
In other words, my neighbors had killed their dog, and -- in effect -- are coming dangerously close to killing me.
The constant sleep disruption meant that I could not insert the $12,000, fluid-filled, custom prosthetic lenses that I MUST wear during ALL waking hours to protect my burned eyes from the harsh environment of Colorado.
I'm not allowed to sleep in them, and had to TRY to sleep whenever I could, to make up for the sleep disruption.
But ... being without my lenses -- sometimes for days at a time -- caused multiple corneal problems, deemed sight-threatening, and which forced me to DRIVE to Boston to be seen, evaluated, and treated -- a six-week stay -- and .... more torture.
As the problem continued, my neighbors wrote to every member of this community, telling a horribly one-sided, dishonest, and inaccurate story about me, and about the situation, telling the neighbors that I was trying to force them to get rid of -- or in one particular case -- force them to euthanize -- their dogs.
Patently untrue. I LOVE dogs. I just asked them to train THEIR dogs to stop the unnecessary barking so that I could sleep.
After two years of antibiotics, I STILL cannot beat the sinus (and other) infection. Neither did 30 days of steroids effect it. I have been battling fungal, viral, and bacterial infections. The immune disorder renders me more susceptible to these things.
I was recently started on a six-month trial of Intravenous Immune Globulin. I have no idea whether my Medicare will cover it. The Boston Foundation for Sight told me that I MUST return, annually, for follow up care. The unreimbursed portion of THAT trip has averaged $12,000 each time.
The Judge just awarded the attorneys for HOA and its VP ...$73,000 in fees and costs. This represents my wife's and my life savings, and will leave me unable to pay for the unreimbursed portions of my ongoing medical care, setting aside for the moment things like income taxes, and the cost of selling our house and moving OUT of this neighborhood.
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