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Subject: Judge Judy Season 23 Episode 88
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Author Messages
TimB4
(Virginia)

Posts:16045


12/04/2018 5:51 PM  
All,

I saw a Judge Judy episode (Locked and Loaded Neighborhood Patrol?!) today that was interesting because it partially dealt with an HOA. Seems the plaintiff was the neighbor of the previous HOA President.

What I thought was interesting was the counter suit. The counter suit said the plaintiff always parked cars on the street in violation of the CC&Rs which was causing his property value to fall.

Judge Judy said she expected the following to prove such a claim:

1) Photos of the cars parked on the street.
2) Proof the cars belonged to the individual
3) Expert testimony proving that property value fell because of the cars being parked on the street.


Never heard the expert testimony (which I was looking forward to) because the individual never proved the vehicles on the street belonged to the plaintiff. Only had a picture which didn't show license plates of all cars and had no DMV report showing who the cars belonged to.


Considering the number of times claims have been made on this site that the covenants/rules/regs protect property value, I thought this episode was interesting.

If interested, here is a link: https://www.judgejudy.com/this_week

You would want air date of 12/4 and select Tuesday.
MelissaP1
(Alabama)

Posts:7762


12/04/2018 5:58 PM  
Well considering proving a violation of someone else effected your home value requires actual selling of your home at a lower price... It may not be wanting of an "Expert" testimony. Can't prove it unless you can prove a buyer turned down purchasing the home or making a low offer based on a neighbor's bad parking. How many people who have viewed your house when it was for sale would go to court to testify or realtor that house sold for less over this?

Former HOA President
GwenG
(Florida)

Posts:593


12/04/2018 9:39 PM  
I saw that too! The ex-HOA President had reportedly been voted out and Judge Judy stated she understood why (from his behavior in the courtroom). He was a poster-boy for the worst of self-righteous bully board members. Judge Judy told him to MOVE!
GenoS
(Florida)

Posts:2518


12/04/2018 10:25 PM  
I saw it too. The woman's case was the HOA was attempting to enforce shed restrictions on her but not anyone else. Judge Judy was obviously not an HOA attorney since she didn't seem to grasp the concept of selective enforcement. The woman (plaintiff was suing the ex-president for harrassment) had almost no documentation. She "forgot" to bring her pictures of her own shed. She did have a picture of other homes and other sheds. She also claimed the ex-prez would patrol the neighborhood wearing a sidearm and intimidating people, which was further harrassment.

Then the ex-prez defendent's counterclaim was against the woman for too many cars parked in front of her home and that they were driving down prices in the neighborhood. Judge Judy said, "I assume we'll hear from an expert witness you've brought with you to prove that." Hahahahaha. He had one dark picture showing about 4 cars but only one showed a legible license plate number. Judge Judy said, "Who knows whose cars those are?" and the guy said, "I know".

Then he proceeded to read from the HOA's CC'Rs about parking restrictions and how the woman violated them repeatedly. Judge Judy said he didn't have standing to sue for that and that only the HOA could bring that action. The guy then referred to his CC&Rs again (he also mentioned the Texas property code) that said, as in most places, that individual homeowners also have the right to bring enforcement actions quite apart from the association.

Judge Judy was flummoxed. Both cases dismissed.

They both said they were currently trying to sell their homes. The woman said, "I'll never buy a home in an HOA again."

It was entertaining. Double points on the laughter scale when Judge Judy doesn't know what she's talking about. Very rare indeed.
GenoS
(Florida)

Posts:2518


12/04/2018 10:27 PM  
Posted By GwenG on 12/04/2018 9:39 PM
I saw that too! The ex-HOA President had reportedly been voted out and Judge Judy stated she understood why (from his behavior in the courtroom). He was a poster-boy for the worst of self-righteous bully board members. Judge Judy told him to MOVE!

He seemed like a dick (sorry for the language).
TimB4
(Virginia)

Posts:16045


12/04/2018 10:56 PM  
Keep in mind that the shed issue had already been to court where the court sided with the HOA and denied her counter claims with prejudice. Hence, Judge Judy didn't have to decide on that issue.
GenoS
(Florida)

Posts:2518


12/04/2018 11:02 PM  
Yes, the shed case had been settled and she was bringing it up to establish some sort of harrassment claim. I like how she tried to spin it that the case against her had been dismissed, but on further review she removed (or moved) the shed to come into compliance and only then did the HOA drop the case. I think she might have had a selective enforcement defense in the shed case but we weren't shown enough to really tell.

I'd like to see a TV judge show for HOA and condo disputes. Imagine all the discussions here but with actual characters stating their cases and complaints. Ratings gold. All you'd need is approval from the state to be an official arbitrator with the power to issue binding decisions. That's all I believe Judge Judy is... a form of binding arbitration.
RoyalP
(South Carolina)

Posts:203


12/05/2018 7:28 AM  
my personal heroine
MarkM31
(Washington)

Posts:394


12/06/2018 10:05 AM  
Posted By GenoS on 12/04/2018 10:25 PM
I saw it too. The woman's case was the HOA was attempting to enforce shed restrictions on her but not anyone else. Judge Judy was obviously not an HOA attorney since she didn't seem to grasp the concept of selective enforcement. The woman (plaintiff was suing the ex-president for harrassment) had almost no documentation. She "forgot" to bring her pictures of her own shed. She did have a picture of other homes and other sheds. She also claimed the ex-prez would patrol the neighborhood wearing a sidearm and intimidating people, which was further harrassment.

Then the ex-prez defendent's counterclaim was against the woman for too many cars parked in front of her home and that they were driving down prices in the neighborhood. Judge Judy said, "I assume we'll hear from an expert witness you've brought with you to prove that." Hahahahaha. He had one dark picture showing about 4 cars but only one showed a legible license plate number. Judge Judy said, "Who knows whose cars those are?" and the guy said, "I know".

Then he proceeded to read from the HOA's CC'Rs about parking restrictions and how the woman violated them repeatedly. Judge Judy said he didn't have standing to sue for that and that only the HOA could bring that action. The guy then referred to his CC&Rs again (he also mentioned the Texas property code) that said, as in most places, that individual homeowners also have the right to bring enforcement actions quite apart from the association.

Judge Judy was flummoxed. Both cases dismissed.

They both said they were currently trying to sell their homes. The woman said, "I'll never buy a home in an HOA again."

It was entertaining. Double points on the laughter scale when Judge Judy doesn't know what she's talking about. Very rare indeed.




It actually happens quite a bit
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Forums > Homeowner Association > HOA Discussions > Judge Judy Season 23 Episode 88



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