For
those of you who do not have the time, patience or inclination to read what
some may believe to be the rantings and ravings of a lunatic, here is what I
proposed to the Board to resolve this matter amicably. This text is
excerpted verbatim from my
December 13, 2005 letter to the HOA's attorney, Jay Pontrelli:
My offer to
resolve this matter amicably and without any further action by me or the HOA
is as follows:
1. We dismiss our claims
against each other, with prejudice. We both bear our own expenses of
litigation and attorney's fees.
2. The HOA waives it claim
against me for the fines.
3. I will honor my commitment
to install a mailbox that complies with the neighborhood standard once the
Board provides same to me in accordance with the terms of my
November 14, 2005 letter to Morris Zoblotsky. I will remove the
temporary mailbox that I installed today (a catfish mailbox that I bought as
a joke back in July and which I refrained from using until now in order to
avoid escalating this matter).
4. I have installed as much sod
and other landscaping as I intend to install until this coming spring,
although I will be planting some fescue and winter rye in the natural area
along the right side of my driveway and will make whatever changes may be
appropriate in the spring.
5. The past and current members
of the Board meet with me and my wife face to face to sign all of the
settlement documents and to settle this dispute once and for all and so we
call all put faces with names and voices. The meeting can be at our home, at
a home in the neighborhood, or at any other place the members of the Board
desire. No children will be involved in this meeting.
6. I sit down with the current
Board at no expense to the Board for purposes of reviewing and revising the
covenants to take care of some of the issues that exist so that they more
realistically address the real issues that face the neighborhood. While I
may not care as much as others about what happens on my neighbors' property,
I recognize the utility of the covenants. I trust that, like me, the members
of the Board agree that we need to change some things and come up with ways
to better address these issues (including notice and a right to be heard
before filing suit against a member of the association) and to avoid costly
litigation in the future.
This offer remains open for
acceptance by the HOA until 5:00 p.m. on December 30, 2005, at which time it
will stand withdrawn without the requirement of any further notice from me.
I sincerely hope that we will be able
to resolve this matter amicably and trust that the HOA will take this offer in the spirit in which it is intended.