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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: 5040
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.
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Begin Trace Mode for Comment # 30.
#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.
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?
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.
It appears they got an informal word of mouth from someone.... 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) 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. Madison, Wisconsin - Code of Ordinances 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)
#31. To: nolu chan (#30)
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.
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#3. To: misterwhite, Anthem (#2)
Since living in an RV parked in the driveway is against HOA rules
#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.
#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.
[Article] We were told as long as I was approved by the homeowners (association) board, then we could get a temporary permit.
Section 6. Prohibited Uses and Nuisances.
CHAPTER 29 - BUILDING CODE 29.03 - MISCELLANEOUS DEFINITIONS.
Replies to Comment # 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.
End Trace Mode for Comment # 30.
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