Jailed for a messy yard

NorthJersey.com ^ | 03.09.06 | ALLISON PRIES

[Coleus]

MAHWAH -- Two white watering cans and a yellow broom dangle above the porch of a stone and shingle house perched atop North Hillside Avenue. Just below, empty flower pots and plastic chairs and tables clutter the entryway. "No trespassing" and "Beware of dog" signs line the sloping property.

The more-than-100-year-old house has been home to Samantha Moor for 10 years. Its sloppy condition is the reason she nearly spent the night in jail. Moor, in her late 40s, was arrested Tuesday morning and sent to the Bergen County Jail for failing to pay $4,921 in fines issued by Mahwah for property maintenance violations. She was bailed out by her former husband just before midnight.

The township has issued Moor 37 summonses dating to April 2004. A warrant was issued for her arrest when she failed to make payments, as set forth by a municipal judge. "Since she couldn't afford to make the repairs, she couldn't afford to pay the fines," said George Cotz, a lawyer Moor called from jail on Tuesday. She was expected to appear in Municipal Court in Mahwah at 1:30 p.m. today, although Cotz, who is trying another case, won't be at her side.

Moor could not be reached for comment. Cotz said her phone has been disconnected. "I don't think she particularly has any marketable skills," Cotz said. "Before she got married and had a child, she was a clerk in an office. And I think she's got health issues.

"She really has no money," he said. "I don't think this is a show." Moor's troubles started with a dishonest contractor who tore apart her house and walked away with her money, according to Ian J. Hirsch, a Hackensack lawyer who used to represent her. The contractor was fined in Mahwah Municipal Court, but that didn't help Moor, Hirsch said. "The house stayed the way it was," he said. "The scaffolding stayed, there were shingles in the yard. It started to become an eyesore."

Moor's neighbors began complaining, and eventually the fines started piling up. "The town building inspector was very, very nice," Hirsch said. "We genuinely tried to help her. But she doesn't have any money, so what can she do?" When Moor was arrested Tuesday, she called another lawyer, Hirsch suspects, because she owes Hirsch money. "Had she called me, I would have helped her anyway," he said.

When Hirsch represented Moor, she was taking classes to become a plumber, he said. "She's trying to hold onto a piece of property she's not going to be able to." Moor's property taxes were paid in full in 2005, officials said. But her first-quarter payment, due Feb. 1, has not been received. Hirsch describes Moor as a nice person whose problems have snowballed. "Some people belong in jail. Not Samantha Moor," he said. "You don't put people who are struggling to survive in jail."

John Lane, Mahwah's property maintenance and zoning enforcement officer, says Moor's problem is that she hasn't complied with the ordinances or the court orders that attempted to enforce them. If people comply and show an effort, he said, the township will work with them. "The ultimate goal we're looking for is compliance," Lane said. "We'd rather residents put the money toward property maintenance" than fines.

The idea of racking up thousands of dollars in fines, he said, is not unusual in the sprawling township. Going to jail over them is. In nearby Ramsey, both are unheard of. "We've never had anything that extreme," said Ramsey's zoning officer, Richard Mammone, who has been with the borough for 30 years. Most of the property maintenance complaints in Mahwah come from neighbors or other third parties, Lane said.

An enforcement officer investigates the complaint to check its validity. If the violation exists, residents are given a letter saying they have three days to comply. If they don't make the necessary changes, a second letter is issued saying the resident has one day to comply. If they still don't comply, a third letter is sent warning that a summons will be issued, he said. After that, a summons is issued every day the property owner fails to comply.

[SevenMinusOne]

You can't buy the land unless you sign agreement to the HOA's regs, if you sign the agreement with no intention of abiding by them, you comitted fraud

No, your premise is a fraud - HOA's rules and regulations do not trump individual rights to one's property. Additionally HOA are not the be all and end all of making any and all regulations they want. Can they decide not to sell to different ethnic groups?, Can they decide not to sell to men? Of course not.

The premise of many HOA's is completely flawed. They have anotied themselves rulers of land they don't own...(once it is sold)..and are doing such under the guise of majority rule makes law within specific land zone. A terrible philosophy.

[Luis Gonzalez]

"No, your premise is a fraud - HOA's rules and regulations do not trump individual rights to one's property.'

I am the vice-president of my HOA, I've take several people who thougt like you to Court, not a single one haswon their case.

An HAO is part of the contract that you agreed to at the time that you bought your home, you were neither forced nor coerced in any way to buy a house in an HAO community, but when you did, you signed a binding contract.

I couldn't care less about your opinion on the "premise" of an HOA, it's real, and it works exactly as I detailed to you.

No one decides not to sell to anyone, the buyer decides whether they want to buy a house in a development governed by an HOA.

There's no "philosophy" involved, there is a mutually agreed upon contract among home owners.

You don't like the contract?

Buy a house elsewhere.

[Luis Gonzalez]

"Individual property rights."

Each individual prperty owner agreed to live under the HOA rules of their own accord.

[leenie312]

I am not assuming anything...the article states that no repairs were done ( obviously no help) and that the neighbors complained...and that most complaints from this place had come from neighbors or 3rd party. Complaing is a far cry from helping someone out in need. The article says nothing about anyone trying to help her at all...except possibly the lawyer she called. Thinking that her neighbors helped her is a BIG assumptiion given what was stated in the article. And to assume she is nutty is grossly unfair. Just because someone is NOT neat does not make them Nutty. Let's talk about assuming...

[Luis Gonzalez]

You don't know a thing about this subject, and you're arguing about it with someone who knows it intimately.

There are so many asinine fallacies in your post that I have no time to address them all.

Majority DOES rule when it comes to law, to think otherwise is asinine.

Public officials are elected via a vote, the one with the most votes win.

Congress enacts laws via a vote, there is a required majority to pass those laws.

People vote and their elected officials vote.

A nation, State, County, township, community can change its laws as it suits the majority of its people, zoning laws are a good example of that.

What's most ridiculous about your property rights argument, is that you would take the property rights of the individuals who purchased homes in my community, because we wanted to live under the HOA rules, away from us in the name of property rights.

How unbelievably stupid of you is that?

We have the right to chose to live under an HOA, just like you have the rule to live someplace where an HOA does not exist.

[#1CTYankee]

Samantha Moor's tough week got a little better on Thursday.

A municipal judge offered her an option for possibly reducing or suspending the $4,921 in fines she has incurred for property maintenance violations.

Judge A.J. Gianni told Moor to accept the aid of volunteers who have offered to help clean up her yard after reading about her plight in The Record.

If the North Hillside Avenue property is in compliance with township codes when she returns to court in 30 days, Gianni said, he will "reconsider" the fines.

[MineralMan]

"Are you sure you are an atheist? You talk more like a Godly person."

Yup, I am. However, atheists can be good neighbors, too. Religion isn't the only thing that promotes helpfulness.

[MineralMan]

"I am the vice-president of my HOA"

Of course you are...

[auggy]

"Judge A.J. Gianni told Moor to accept the aid of volunteers who have offered to help clean up her yard after reading about her plight in The Record."

That's great. This is still America.

[Pompah]

I like your style Mate.

[Luis Gonzalez]

What reason do you have not to believe me?

[Luis Gonzalez]

"No, your premise is a fraud - HOA's rules and regulations do not trump individual rights to one's property."

This sentence stuck in my mind all day long.

I don't think you understand how an HOA community works.

The HOA contract is part of the closing documents on the purchase of your property; it's a legal contract.

As you go through the process of signing the required hundreds of pieces of paper that go along with a closing, the HOA contract is included, and either you sign agreement to abide by its rules, or you don't get to buy the house.

Go here and educate yourself on the subject.

[Luis Gonzalez]

Understanding Homeowners' Associations and CC&Rs

When you buy a house in a new subdivision or planned unit development, you may be subject to a host of rules and regulations.

When you buy a home in a new subdivision, common interest development (CID), planned unit development (PUD), or co-op, chances are good that you also automatically become a member of an exclusive club -- the homeowners' association. The club's members include all the people who own homes in the same development.

The homeowners' association will probably exercise a lot of control over how you use your property.

CC&Rs

The transfer deeds to houses in new developments almost always include limitations on how the property can be used. Usually these limitations -- called covenants, conditions, and restrictions (CC&Rs) -- put decision-making rights into the hands of the homeowners' association.

Some associations enforce every rule with the enthusiasm of a military drill sergeant; others are run in a more relaxed way. Most associations try to make decisions that will enhance the value of the houses.

Make sure the CC&Rs are compatible with your lifestyle. CC&Rs commonly limit the color or colors you can paint your house (often brown or gray), the color of the curtains or blinds visible from the street (usually white), and even the type of front yard landscaping you can do.

Some CC&Rs go on to require that garages facing the street be kept neat, insist that laundry be dried indoors rather than hung on a line, prohibit basketball hoops in the driveway or front yard, and prohibit parking RVs or boats in the driveway. See the list below for more examples of the excruciating detail with which many homeowners' associations regulate members' everyday lives.

	Is it legal for dogs to swim in the condo pool?

Read the CC&Rs carefully before you buy, and if you don't understand something, ask for more information, and seek legal advice if necessary.

Once you've moved in, getting relief from overly restrictive CC&Rs isn't easy. You'll likely have to submit an application (with fee) for a variance, get your neighbors' permission, and possibly go through a formal hearing. And if you want to make a structural change to your house, such as building a fence or adding a room, you'll likely need formal permission from the association (on top of having to comply with city zoning rules).

Maintenance Fees

Homeowners' associations can usually require members to pay fees for common property maintenance. The fees can run particularly high if the development has a pool, golf course, or other recreational facility. Many homeowners' associations let their boards raise regular assessments up to 20% per year and levy additional special assessments with no membership vote for capital improvements like a new roof.

If you're on a tight budget, check the homeowners' association membership fee and how easy it is for the board to increase the amount. Also, if parts of the development have been occupied for awhile, attend a homeowners' association meeting and talk with the officers about financing and other issues of concern.

Source

[Luis Gonzalez]

Understanding the Government of a Community Association
 

As a result of dedicated board members and qualified managers, the community association lifestyle is flourishing. In order for a community association to operate smoothly, it is as important for the owners to understand the basic concept of how the community association is governed.

There are many forms of governance that are NOT applicable to a community association. As an example, some owners think they have bought into a democracy in which they are entitled to vote on everything. A community association is NOT a democracy. Some owners think they have bought into a social organization where owners sit around, drink scotch, and make casual decisions. A community association is NOT a social organization. Many owners have belonged to a civic organization or to a union. These owners may believe that the community association is similarly run. They may believe that a board makes a recommendation to the members, such as on an annual budget, and the members vote for or against the budget. A community association is NOT a civic organization or union. Occasionally, owners think they have bought into a dictatorship or monarchy where one board member, usually a president, makes all decisions individually. Remember all board members are elected, not anointed. A community association is NOT a dictatorship or monarchy.

A community association IS a business, and a very substantial business at that. Virtually every association is subject to a corporate form of governance. For example, if an individual purchases $75,000 worth of General Motors stock, that individual is entitled to attend the General Motors annual meeting at which the election of a governing board takes place. The same concept applies in an association. An owner has the primary right of attending the annual meeting at which the election of the association's governing board takes place.

As a stockholder of General Motors, if one is unhappy with the operation of the corporation, one available option is to sell the stock. Likewise, an unhappy unit owner has the option to sell the unit. An unhappy General Motors stockholder also has the right to solicit proxies from other shareholders in order to get elected to the General Motors board. The same process for the election to the board exists within a community association. Board members are volunteers elected from the unit owners.  If an owner is not satisfied with the association operations, that owner has the right to seek the proxies and votes of other owners and get himself or herself elected to the association board.

After the General Motors election, the board runs the day-to-day affairs of the corporation. It has been elected to make decisions. It acts in what it believes to be the best interest of the entire corporation. Similarly, after the association annual meeting, the association board runs the day-to-day affairs of the complex. This board has also been elected to make decisions and act in the way it believes to be in the best interest of the entire association.

For example, the General Motors board decides what the price of cars will be. The General Motors shareholders cannot pass a binding motion that cars will sell for $100. Similarly, the community association board generally determines the level of maintenance fees. It is understandable that owners want low maintenance fees. However, low fees may not reflect the actual needs of the association and/or be in the best interest of the association. Therefore, generally it is not the owners who determine the maintenance fee level. Rather, maintenance fees are determined by the association board.

The General Motors board also determines who the employees of the corporation will be. Similarly, the association board determines who the employees of the association will be. Owners do not get to vote on the hiring of a snow plower, landscaper, manager, lawyer or accountant. The governing documents generally place authority to hire and/or fire on the shoulders of the association's board members.

The General Motors board also has the authority to establish corporate guidelines. Similarly, the association board has the authority to make reasonable rules and regulations governing the complex.

If a General Motors shareholder wants to express an opinion to the board during the year, that shareholder is entitled to comment in writing to the board. Likewise, if a unit owner is unhappy with operations, he/she is entitled to comment in writing to the association board. The unit owner can express an opinion, but the board determines when the grass gets cut, when the snow gets plowed, and when and in what priority maintenance projects will be completed. The association board makes the day-to-day decisions for the association.

Many owners purchase into a community association because of the "carefree" style of living. These owners enjoy delegating maintenance decisions to others and freely accept the concept of an association. They realize that while they have delegated some decision making authority, they have also delegated the corresponding responsibility. No longer do they need to concern themselves with the physical challenge of grass cutting. This lifestyle serves them very well.

A few owners sometimes find the community association concept to be a very difficult pill to swallow. They may have a difficult time accepting that someone else is making the decisions. Occasionally, these individuals challenge the authority of the board. As a result, lawsuits have been initiated. Fortunately for the community association concept, Courts have overwhelmingly rebuked the vocational dissident, whose only role in life appears to be to dissent to everything a well-intentioned board attempts.

When addressing the issue of the condominium concept, the Court in the case of Sterling Village vs Breitenbach stated:

"Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or in cooperation with others. The benefit of condominium living and ownership demand no less."

Put another way, if you live in a single family home on ten acres of land, your home is your castle and you determine when the grass gets cut, the snow plowed, or how loud you play the stereo. However, when you live in a community association, your home is NOT necessarily your castle. You have chosen a lifestyle that requires courteous conduct and delegates maintenance decisions to the association board members.

The community association lifestyle is successful because owners have volunteered to take turns serving on the board and have cooperated with each other. Common sense and a sense of what is best for the entire community prevails. Individual rights giving way to the best interest of the community is the foundation of the successful association.

Kaman and Cusimano, Legal Advisors for Ohio Condominium and Home Owner Associations

[#1CTYankee]

Who would have thunk it, even here in the Northeast. ;-)

[Alouette]

THE MAGNA CARTA (The Great Charter):

10. If one who has borrowed from the Jews any sum, great or small, die before that loan be repaid, the debt shall not bear interest while the heir is under age, of whomsoever he may hold; and if the debt fall into our hands, we will not take anything except the principal sum contained in the bond.

11. And if anyone die indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if any children of the deceased are left under age, necessaries shall be provided for them in keeping with the holding of the deceased; and out of the residue the debt shall be paid, reserving, however, service due to feudal lords; in like manner let it be done touching debts due to others than Jews.

Wasn't it not many years after the "Great Charter" that all the debts owed to the Jews were cancelled, all their property confiscated and they were kicked out of England for 400 years?

[ahtnamas]

I've done volunteer work in each of the communities that I have lived in since I was 14 years old. I agree with your attitude of offering help to neighbors when in need. There were many inaccuracies in the article, and some blatant lies. I don't have web access at home so must come to library to get online. The police broke into my house without a warrant and then assaulted me. The house is not an eyesore-no ones house in the Northeast looks good in the winter. I've have worked on improving my property for 25 years. I need to find someone who can help me set up a web site so I can get the truth out. The town has been terrorizing me for six years-since my husband and I separated.

[ahtnamas]

Yes of course they could have offered help, but the information presented ranges from barely accurate to totally false.
The two primary instigators are Janet Brown an elderly woman who used to run the town historical society, which position she abused by terrorizing people and trying to control what they could do with their old but not "historical houses"- mine included which was built in 1895. One of her reports was to the health department about my property being overrun with rats. What she neglected to inform the gentleman at the Health Dept. was that what she was actually referring to were "Mourning Doves"- you know, the birds that go "coo, coo"- you see in her opinion they are "flying rats" and she was quite offended to see some of them roosting in the branches of my trees. She doesn't have any "flying rats" cause she had all her trees chopped down!!!
The other neighbor-Ann Keating who used to teach my son math when he was in high school, had built her shed on my property without my knowledge or permission. I didn't realize it until I wanted to install a new fence along the actual property lines. The old one was looking bad and my little Terrier mix dog Daisy (a pound pupppy-all my dogs have been rescued) could easily burrow her way underneath whereupon she would take a stroll around the neighborhood cadging food, returning usually within the hour with her belly virtually dragging on the ground- I used to call her my little "low-rider". When my husband went to her house to ask her NICELY and IN PERSON to move the shed off of our property she did not respond. After four weeks he tried again- still no action.
Four weeks after that I went to the zoning officer-John Lane and asked him to please handle things tactfully- as she had been my son's teacher and I did not want a feud with any of my neighbors. She ignored the zoning guy too and he flipped out and sent her a letter demanding that she have her property surveyed within 30 days or face fines of $250.00 per day. She got her property surveyed and what do you think it showed???? She was encroaching on my property!!!
After that she sent me a threatening letter demanding the $400.00 that the survey had cost her-as if I had had anything to do with that. Please tell everyone you know about this travesty of justice.

[ahtnamas]

Yes of course they could have offered help, but the information presented ranges from barely accurate to totally false.
The two primary instigators are Janet Brown an elderly woman who used to run the town historical society, which position she abused by terrorizing people and trying to control what they could do with their old but not "historical houses"- mine included which was built in 1895. One of her reports was to the health department about my property being overrun with rats. What she neglected to inform the gentleman at the Health Dept. was that what she was actually referring to were "Mourning Doves"- you know, the birds that go "coo, coo"- you see in her opinion they are "flying rats" and she was quite offended to see some of them roosting in the branches of my trees. She doesn't have any "flying rats" cause she had all her trees chopped down!!!
The other neighbor-Ann Keating who used to teach my son math when he was in high school, had built her shed on my property without my knowledge or permission. I didn't realize it until I wanted to install a new fence along the actual property lines. The old one was looking bad and my little Terrier mix dog Daisy (a pound pupppy-all my dogs have been rescued) could easily burrow her way underneath whereupon she would take a stroll around the neighborhood cadging food, returning usually within the hour with her belly virtually dragging on the ground- I used to call her my little "low-rider". When my husband went to her house to ask her NICELY and IN PERSON to move the shed off of our property she did not respond. After four weeks he tried again- still no action.
Four weeks after that I went to the zoning officer-John Lane and asked him to please handle things tactfully- as she had been my son's teacher and I did not want a feud with any of my neighbors. She ignored the zoning guy too and he flipped out and sent her a letter demanding that she have her property surveyed within 30 days or face fines of $250.00 per day. She got her property surveyed and what do you think it showed???? She was encroaching on my property!!!
After that she sent me a threatening letter demanding the $400.00 that the survey had cost her-as if I had had anything to do with that. Please tell everyone you know about this travesty of justice.

[ahtnamas]

I put a new shingle roof on my house- does that qualify as a skill?

I have studied plumbing for the past three years and have done freelance work in the field including a commercial steam boiler at a synagogue in Passaic, NJ.

I graduated from a full-day/ ten month program in electrical technology last June, I can wire a house and install a service. I graduated from a Department of Labor Program called Training for Trades two years ago, which also awarded me a $4,000.00 scholarship towards my electrical school training.

I have studied landscaping and xeriscaping in order to make my just under an acre property as naturalised as possible so that it would qualify as a Federal Wildlife Sanctuary.

There was a great deal of misinformation in the newspaper.

The issue has nothing to do with property maintenance- the town knows very well how much this property has improved since I moved here 25 years ago.

Since my husband left, I've been a target for land-grabbers. It is happening to all of the vulnerable people in town-especially the elderly. I told all the reporters about it when they interviewed me but none of them included the info. Please pass the word along. I'm trying to find someone who can help me set up a web site so that I can get the word out.