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Title: Family Facing Jail for Living in RV On Their Own Property To Repair Home After Fire
Source: Activist Post/FTP
URL Source: https://www.activistpost.com/2019/1 ... to-repair-home-after-fire.html
Published: Nov 15, 2019
Author: Matt Agorist
Post Date: 2019-11-15 12:52:45 by Deckard
Keywords: None
Views: 202
Comments: 31

By Matt Agorist

Madison, MS — Last year, the Navari family was devastated on Christmas Eve when their home caught fire and destroyed all they had. Pam Navari thought things couldn’t get any worse after the fire. However, thanks to the government, she was wrong. Now, as the family battles the insurance company to pay for the damage, they are also battling government who says it’s illegal for them to live in an RV in their own driveway while they conduct repairs.

The Navari’s didn’t just set up an RV and start living like Uncle Eddie in the Griswold’s driveway, dumping their sewage into the storm drain. They actually sought out permission from city officials first, and were approved.

“We called the alderman, the mayor was aware of it. We were told as long as I was approved by the homeowners (association) board, then we could get a temporary permit. They were OK with it,” Navari said.

Despite being told it was okay, one apparently heartless board member reneged on the decision and made it their mission to make the Navari’s lives a living hell.

“The next thing we knew, we get a letter from a board member saying it was against the covenant. They were not able to change the covenant. They felt sympathy for us in our situation, but we needed to leave,” Navari said.

Navari posted a photo of the email to Facebook, proving her claims. This alleged “sympathy” from the board member was quickly followed up with a demand to GTFO.

“This is a bonafide emergency. What we are going thru could happen to anyone in our neighborhood or others,” she said. But city officials couldn’t care less about a family emergency and the family is now in violation of city ordinances which could land them in jail.

Having nothing better to do, the city actually sent enforcers out to the property to threaten and intimidate the family. Rich Navari, Pam’s husband witnessed the intimidation first hand. According to Pam:

Now, we are not just having to fight this insurance company. This week we had to go in-front of the City. Since the President of the HOA never sent a letter to the Home Land Management company. We are now in violation of zoning ordinance. Yesterday we received a citation summons. When Rich showed the officer our home, he was apologetic for having to deliver this. On November 19th at 1:30, we have to go to court. While Rich was standing in our driveway, a truck sped up and parked in front of our driveway and a guy jumps out. An employee of the management company as starts taking pictures. While he is saying and motioning with his hands, you were supposed to have this thing out of here by the 15th. I’m reporting you today.

Pam posted a video this week to Facebook expressing their frustration.

“I cannot believe that people can be so cold and unempathetic about what people are going through,” Navari said.

We agree. However, this is the nature of the state. Now, the family is in a race against time. They are hoping their attorney reaches a settlement with the insurance company in time before they are forced out on the street, or worse, go to jail.

“We are not trying to hurt anybody. We are trying to continue to be a family. Every day we are fighting to have this attorney deal with the insurance company so we can get our home back. That’s what we are trying to do,” Navari said.

The family has only a few weeks before their court date next month. If they don’t get everything settled with the insurance company before then, they face fines, court costs and possible jail time.

And this is what a family attempting to rebuild their home after a fire looks like in the land of the free.

This action by city officials should come as no surprise, however, as government has shown us that they are willing to steal homes from elderly retirees over $8 in property taxes. Shameful indeed. (1 image)

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#1. To: Deckard (#0) (Edited)

Maybe the troublemaker on the homeowners association board has friendly relations with the insurance adjuster's contingent.

I guy I knew called his HOA board "the communists", often to their face.

Anthem  posted on  2019-11-15   13:58:24 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

Since living in an RV parked in the driveway is against HOA rules, live with friends or family or a motel until the house is repaired. That's what the rest of us would do.

misterwhite  posted on  2019-11-15   14:42:51 ET  Reply   Trace   Private Reply  


#3. To: misterwhite, Anthem (#2)

Since living in an RV parked in the driveway is against HOA rules

Attaboy!

The Navari’s didn’t just set up an RV and start living like Uncle Eddie in the Griswold’s driveway, dumping their sewage into the storm drain. They actually sought out permission from city officials first, and were approved.

“We called the alderman, the mayor was aware of it. We were told as long as I was approved by the homeowners (association) board, then we could get a temporary permit. They were OK with it,” Navari said.

Despite being told it was okay, one apparently heartless board member reneged on the decision and made it their mission to make the Navari’s lives a living hell.

Was that you paulsen?

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-11-15   14:56:24 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#0)

Every day we are fighting to have this attorney deal with the insurance company so we can get our home back.

This is the real story that local 16 WAPT News Jackson has failed to report...the reason WHY the Navari's are struggling.

The Navari's were sold a homeowner's insurance policy that does not have to comply with the rules of the State of Mississippi. Even the State Insurance Commissioner says they are screwed...say what!

How many other homeowners in their state have the same insurance coverage...or lack there of?

watchman  posted on  2019-11-15   16:24:43 ET  Reply   Trace   Private Reply  


#5. To: Deckard (#3)

Members of the Annandale Estates Board did not want to talk to 16 WAPT News for this story. A spokesman, instead, referred questions to Madison’s code enforcement director, Miriam Etheridge, who declined to say much except “rules are rules.”

Miriam posts here.

Anthem  posted on  2019-11-15   23:02:56 ET  (1 image) Reply   Trace   Private Reply  


#6. To: Deckard (#3)

Despite being told it was okay, one apparently heartless board member reneged on the decision and made it their mission to make the Navari’s lives a living hell.

You're confused because your article is intentionally confusing.

It was OK with the city. It was not OK with the Homeowners Association because it violated the rules everyone agreed to. They wanted the HOA to make an exception just for them because shut up. The HOA said no.

misterwhite  posted on  2019-11-16   9:47:19 ET  Reply   Trace   Private Reply  


#7. To: Anthem (#5)

Miriam posts here.

"Je Suis Miriam"

misterwhite  posted on  2019-11-16   9:50:31 ET  Reply   Trace   Private Reply  


#8. To: watchman (#4)

The Navari's were sold a homeowner's insurance policy that does not have to comply with the rules of the State of Mississippi.

So THAT'S why it was only $100 per year!

misterwhite  posted on  2019-11-16   9:53:13 ET  Reply   Trace   Private Reply  


#9. To: misterwhite (#8)

So THAT'S why it was only $100 per year!

Did you make that number up?

A K A Stone  posted on  2019-11-16   10:34:34 ET  Reply   Trace   Private Reply  


#10. To: misterwhite (#8)

The Navari's were sold a homeowner's insurance policy that does not have to comply with the rules of the State of Mississippi.

So THAT'S why it was only $100 per year!

The Navari's purchased insurance from a licensed insurance agent. With all the strict licensing procedure through the Mississippi Insurance Department how is the agent then allowed to sell unlicensed policies in the state?

Furthermore, adequate homeowner's insurance ought to be requirement NUMBER ONE for moving into an HOA, because nothing lowers property values like a burned out house right next door.

The HOA failed the Navari's for not giving them a careful review of the homeowner's policy.

watchman  posted on  2019-11-16   10:56:28 ET  Reply   Trace   Private Reply  


#11. To: A K A Stone (#9)

Did you make that number up?

Yes. I was being sarcastic.

misterwhite  posted on  2019-11-16   10:58:54 ET  Reply   Trace   Private Reply  


#12. To: watchman (#10)

The HOA failed the Navari's for not giving them a careful review of the homeowner's policy.

Since when is an HOA responsible for their members' insurance policy? From what I've read, the insurance company IS honoring the claim -- they just can't agree on the amount.

This happened to me. I had storm damage to my roof. A roofer quoted a price. State Farm said they would pay a lower amount based on their estimate of the damage.

The two of them sat down and went over their estimates line-by-line, came up with an amount, and the work was completed to my satisfaction.

I'm thinking this homeowner is going public to force the insurance company to cave. Probably so one of their relatives can do the work at an inflated price.

misterwhite  posted on  2019-11-16   11:20:44 ET  Reply   Trace   Private Reply  


#13. To: misterwhite (#12)

Since when is an HOA responsible for their members' insurance policy?

A damaged house, especially one that is not being repaired, has far more negative impact than an RV sitting in a driveway.

What good is an association of homeowners who allow one of their members to be caught up in endless legal battles over their house insurance? Why not review insurance policies, pool their knowledge/experience, and actually provide assistance in this area?

Unless all they are concerned with is how the place looks.

watchman  posted on  2019-11-16   11:34:57 ET  Reply   Trace   Private Reply  


#14. To: misterwhite (#12)

This happened to me. I had storm damage to my roof.

This sounds very suspicious.

Sounds more like some misterwhitelightin' to me.

State Farm should have put you in review pending more evidence!

watchman  posted on  2019-11-16   11:42:44 ET  Reply   Trace   Private Reply  


#15. To: watchman (#13)

A damaged house, especially one that is not being repaired, has far more negative impact than an RV

Apparently not, since the fire damage was limited to the interior.

Moot point. The issue is not the damaged house. The issue is the RV in the driveway. Why can't they honor the HOA agreement and simply move it to a trailer park on a temporary basis?

misterwhite  posted on  2019-11-16   11:47:23 ET  Reply   Trace   Private Reply  


#16. To: watchman (#14)

This sounds very suspicious.
Sounds more like some misterwhitelightin' to me.

I was NOT on the roof making the damage worse to get a whole new roof. I was simply removing the loose shingles ... you know ... for safety reasons.

misterwhite  posted on  2019-11-16   11:51:21 ET  Reply   Trace   Private Reply  


#17. To: misterwhite (#15)

Apparently not, since the fire damage was limited to the interior.

That may not always be the case. Fires don't always stay contained. Windows get knocked out, walls and roofs collapse, etc.

If an association member has useless insurance (and doesn't know it), all the association members suffer.

Insurance reviews don't seem out of context especially when you consider that you must ask permission to go to the bathroom in an HOA.

I agree with you about the RV, move it to a RV park. This is Mississippi, stuff like that is dirt cheap there.

watchman  posted on  2019-11-16   11:56:39 ET  Reply   Trace   Private Reply  


#18. To: watchman (#14) (Edited)

State Farm should have put you in review pending more evidence!

State Farm was great. They replaced the entire roof down to the rafters, new gutters and downspouts, and new lightning rods (we're in the country -- a must have). $20K in all.

misterwhite  posted on  2019-11-16   11:57:21 ET  Reply   Trace   Private Reply  


#19. To: watchman (#17)

Insurance reviews don't seem out of context

True, but where does that stop? Car insurance? Health insurance?

misterwhite  posted on  2019-11-16   11:59:55 ET  Reply   Trace   Private Reply  


#20. To: misterwhite (#19)

True, but where does that stop? Car insurance? Health insurance?

The homeowner's insurance review would be enough.

Imagine if you were a member of the board of that HOA (God forbid!).

You could have directed the Navari's away from that policy from Nigeria and given them some HOA options... State Farm being one of them.

watchman  posted on  2019-11-16   12:08:08 ET  Reply   Trace   Private Reply  


#21. To: watchman (#20)

You could have directed the Navari's away from that policy

I'm not convinced they had a bad policy. Seems to me they thought it should cover more than it does.

If you have hail damage to the siding on one side of your house (usually what happens), what's replaced by the insurance company? The damaged siding on the one side or the entire house?

Sometimes you don't know until it happens. Then you get into these kind of arguments.

misterwhite  posted on  2019-11-16   12:22:08 ET  Reply   Trace   Private Reply  


#22. To: misterwhite (#18)

State Farm was great. They replaced the entire roof down to the rafters, new gutters and downspouts, and new lightning rods (we're in the country -- a must have). $20K in all.

You are very fortunate, misterwhite.

State Farm agents have been known to call the cops over mistaken plant identification.

One look at those Mother-in-law tongues you have growing there on your patio...next thing you know the the swat team is duck walking you out to the front yard and all you have on are some rubber shoes and BVDs.

watchman  posted on  2019-11-16   12:22:31 ET  Reply   Trace   Private Reply  


#23. To: watchman (#22)

State Farm agents have been known to call the cops over mistaken plant identification.

Only if you've been late on three or more premiums.

misterwhite  posted on  2019-11-16   12:24:26 ET  Reply   Trace   Private Reply  


#24. To: misterwhite (#21)

I'm not convinced they had a bad policy.

I hope for their sake, and the HOA, that they get this resolved.

The average consumer is usually caught off guard, under extremely confusing conditions, to then find out that insurance is going to fight them all the way.

Sometimes you don't know until it happens.

Yes, my insurance recently raised my homeowner's rate by almost double. I went through an exhaustive review with them about coverage etc. Still not convinced they'll pay if I ever have a claim.

watchman  posted on  2019-11-16   12:31:34 ET  Reply   Trace   Private Reply  


#25. To: watchman (#24)

I increased my deductible to 1% of home value. Which is a lot, but I found out that most contractors will pay your deductible to get your repair business (assuming a large claim). They did with the roof.

That might lower your premium.

misterwhite  posted on  2019-11-16   12:58:44 ET  Reply   Trace   Private Reply  


#26. To: misterwhite (#23) (Edited)

How did you protect your home's interior after the roof was compromised? Any water damage to speak of?

Regardless, I'm glad you got your roof repaired. It's a comforting feeling to be protected from the elements!

watchman  posted on  2019-11-16   13:01:28 ET  Reply   Trace   Private Reply  


#27. To: watchman (#26)

There was wind damage to a 3'X5' section of the roof (some shingles had broken off). Since the missing shingles couldn't be matched, State Farm said they would do the entire roof. Since I already had two layers of shingles, they had to strip the entire roof and start from scratch.

We scheduled things such that they were able get the plywood and tar paper down before any bad weather.

misterwhite  posted on  2019-11-16   15:23:07 ET  Reply   Trace   Private Reply  


#28. To: misterwhite (#27)

State Farm said they would do the entire roof.

Great news!

I'll inquire about the "deductible to 1% of home value" as you mentioned.

watchman  posted on  2019-11-16   16:17:48 ET  Reply   Trace   Private Reply  


#29. To: watchman (#28)

I'll inquire about the "deductible to 1% of home value" as you mentioned.

Be aware that on a $400K house you're looking at a $4,000 deductible per claim.

But I've lived here 27 years and only filed that one claim. So even a small savings adds up.

misterwhite  posted on  2019-11-16   16:31:05 ET  Reply   Trace   Private Reply  


#30. To: misterwhite, Deckard (#6)

[misterwhite #6] It was OK with the city. It was not OK with the Homeowners Association because it violated the rules everyone agreed to. They wanted the HOA to make an exception just for them because shut up. The HOA said no.

It appears they got an informal word of mouth from someone....

[Article] We were told as long as I was approved by the homeowners (association) board, then we could get a temporary permit.

It appears they were never approved by the Annandale Property Owner's Association, and never obtained the temporary permit from the city of Madison.

The problem for the city or POA is, if they make an exception for one, any future enforcement attempt will face legal challenge.

http://www.annandaleestates.net/sites/default/files/annandale_covenants.pdf

Annandale Estates Property Owner's Association Covenants, Conditions and Restrictions (1988)

Section 6. Prohibited Uses and Nuisances.

Except for the activities of the Developers during the construction and development of the Community, except for activities and uses expressly permitted (and not substantially inconsistent with the provisions of this Declaration) in a particular Neighborhood by the provisions of the Supplementary Declaration annexing the real property described therein to the Property, and except for things done pursuant to the prior written approval of the Architectural Review Committee, and except as may be necessary in connection with reasonable and necessary repairs or maintenance to any dwelling or to the common areas or community facilities:

[...]

(j) No structure of a temporary character, and no trailer, tent, shack, barn, kennel, outdoor clothes line or dryer, playhouse, shed or other building shall be erected, used or maintained on any Lot at any time.

- - - - - - - - - -

Section 12. Reconstruction after Fire or Other Casualty Loss.

In the event any dwelling is partially or completely destroyed by fire or other casualty, and in the absence of a resolution to the contrary by the Board of Directors, the Owner of such dwelling shall promptly clear the Lot or restore or reconstruct such dwelling, at his own expense, in accordance with the original plans and specifications or with such amended plans and specifications as may be approved in writing by the Architectural Review Committee the request of such Owner. The provisions of this Section shall not apply to condominium units, as defined in the Condominium Act, or to dwellings in a multi-family structure, or when in conflict with any law, ordinance, county, or governmental regulation or the like.

- - - - - - - - - -

Section 13. Enforcement - Right to Remove or Correct Violations.

In the event any violation or attempted violation of any of the covenants or restrictions contained in this Article shall occur or be maintained upon any Lot, or in the event there shall occur any other conduct in violation of any of the provisions and requirements of this Article, then the same shall be considered to have been undertaken in violation of this Article, and without the approval of the above-mentioned Architectural Review Committee, and, upon written notice from the Committee, such violation shall be promptly removed or. abated. In the event the violation is not removed, or is not otherwise terminated or abated, within fifteen (15) days (or within such shorter period as may be reasonably required in such notice) after notice of the violation is delivered to the Owner of the Lot upon which such violation exists, or to the Member responsible for such violation if the same shall be committed or attempted on premises other than a Lot owned by such Member, then the Association shall have the right, through its agents and employees (but-only after the Architectural Review Committee by resolution has so directed) to enter upon such Lot or premises and to take such steps as may be necessary to remove or otherwise terminate or abate such violation, and the cost thereof may be assessed against the Lot upon which such violation occurred, or against any Lot owned by the Member responsible for such violation, and, when so assessed, a statement for the amount thereof shall be rendered to the Owner of such Lot, at which time the assessment shall become due and payable and shall be secured by a continuing lien upon such Lot, and shall be a binding personal obligation of the Owner of such Lot, in the same manner (and subject to the same limitaions) as is provided in Articles V and VI of this Declaration. The Association shall have the further right, through its agents, employees or committees, to enter upon and inspect any Lot at any reasonable time for the purpose of ascertaining whether any violation of the provisions of this Article, or of any of the other provisions or requirements of this Declaration, exists on such Lot; and neither the Association nor any such agent, employee or committee shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH11--19_CH29BUCO

Madison, Wisconsin - Code of Ordinances
CHAPTER 29 - BUILDING CODE

29.03 - MISCELLANEOUS DEFINITIONS.

Mobile Home. A mobile home is a trailer designed and constructed for dwelling purposes.

- - - - - - - - - -

29.09 - CERTIFICATE OF OCCUPANCY.

[...]

(6)

Mobile Homes. No mobile home shall be occupied until such home has been inspected for proper connection of all utilities, electrical, heating and plumbing, and be approved by the Director of the Building Inspection Division. The Certificate of Occupancy fee shall include fees for one inspection by building, electrical, heating and plumbing inspectors. (Renumbered by Ord. 10,160, 12-28-90)

(7)

Compliance Statement. Prior to initial occupancy of a new building or addition, and prior to final occupancy of an alteration of an existing building, the supervising architect, engineer or designer shall file a written statement with the Department certifying that, to the best of his or her knowledge and belief, construction of the portion to be occupied has been performed in substantial compliance with the approved plans and specifications. This statement shall be provided on a form prescribed by the City of Madison. (Cr. by Ord. 12,566, 5-3-00)

(Sec. 29.09 Am. by Ord. 8081, 7-29-83; ORD-08-00109, 10-7-08)

nolu chan  posted on  2019-11-16   23:37:27 ET  Reply   Trace   Private Reply  


#31. To: nolu chan (#30)

It appears they were never approved by the Annandale Property Owner's Association, and never obtained the temporary permit from the city of Madison.

That was my understanding.

But they tried a third way -- taking their sob story to the Internet with the hope of putting pressure on the insurance company, the HOA, and the city to make an exception just for them.

misterwhite  posted on  2019-11-17   9:27:20 ET  Reply   Trace   Private Reply  


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