Sin city - I used to live in Hyde Park. Loved it!! Used to love the taking part in the drinking/social event where the city would have buses make the various loops around the city around St. Patrick's day (I can't think of what that event was called anymore - but they don't do it anymore[NOW I remember the "Pub Crawl") Too, go every other year for Xmas cheer and meet all my fraternity brothers there. Everyone once in awhile I see Buffet there with the guys too.
OK, on to your question.
WE HAD THE ROOF REPAIRED AND PAID FOR IT. HE WILL NOT PROVIDE ANY VERIFICATION OF ANY DAMAGES NOR INSURANCE AND YET KEEPS THREATEN ING THIS FELLOW WHO WANTS TO SELL HIS PROPERTY WITH A LIEN AGAINST THAT PROPERTY. OF COURSE, THE LIEN WOULD BE DENIED IN ANY SANE COURT, BUT IT IS THE THREAT AGAINST THE PROPERTY THAT WOULD MAKE THE BUYERS BACK OUT OF THE DEAL, BUT IF THE SELLER DOES NOT INFORM THEM, HE COULD BE HELD RESPONSIBLE FOR NON-DISCLOSURE OF THIS LIEN POSSIBLITY.
There is nothing to disclose because the crazy neighbor
CANNOT file a legal lien.
The property owner should inform the crazy neighbor that if he in any way damages his prospective deal selling his property that he will sue him for tortuous interference with contractual relations. That if he in any way jeopardises the deal or prospective sale - that he would potentially be liable for his damages or lost sale.
Wrongful or Tortious Interference with Contracts occurs where a person causes a party to commit a breach of contract, or where the person has disrupted the ability of a party to perform their obligations under a contract. It is also known as “tortious interference with contract rights” or “intentional interference with contractual relations”. The person causing the interference (the “tortfeasor”) is usually a third party who is not included in the contract.
Tortious interference is a serious violation and falls under tort law rather than contract law. Because it considered a tort, the act which induces the breach must be intentional. The tortfeasor must have the intention not only to commit the act, but must also have the intent that the act will result in a breach of the contract.
The crazy neighbor can't file a lien - the court clerk wouldn't accept it because there is no basis for such. Moreove if he did file a lien the property owner could sue him for malicious prosecution and abuse of process.
Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action.
The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution. "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court.
HE HAS NOT FILED A SUIT AS YET, BUT TODAY SENT THE TREASURER (SELLER) NOTIFICATION BY EMAIL THAT UNLESS HE MEETS WITH HIM PRIVATELY, HE WILL FILE WITHIN THE WEEK. HE STILL REFUSES TO DISCUSS THIS MATTER AT AN HOA MEETING.
My response would be - you file suit and we will not only vigorously defend but file a counterclaim against you. Moreover, even if you don't file suit we are thinking of filing suit against you for violation and breach of the By-Laws. I would inform him that he has 5 days to comply with your request as to the insurance information or you will pursue your legal remedies which may include filing suit and placing a lien against his property.
OUR BYLAWS DO NOT ADDRESS PENALTIES OR FINES.
Then you can't assess such. You should think about amending them so you can if future events would dictate such.
HE PUT THE LETTER IN THE MAILBOX OF THE TREASURER AND I--ADDRESSING ONLY THE TWO OF US AND DEMANDING THE $6,000. AND LISTED CLEAN UP COSTS, MATTRESS, UNABLE TO USE HIS BEDROOM, WITH COSTS FOR EACH ITEM LISTED, BUT NO RECEIPTS.
I wouldn't respond to that request but make your demands yourself.
THE PROBLEM MAY KEEP THE SELLER FROM BEING ABLE TO SELL HIS UNIT WITH THE THREAT OF LAWSUIT AND LIEN UNLESS THE SELLER PAYS FOR THESE TRUMPED UP EXPENSES. WHO WOULD WANT TO BUY A CONDO THAT MAY BE INVOLVED IN A LAWSUIT? AND WHO WOULD WANT TO DISCLOSE SUCH LAME CRAP TO A BUYER?
No need to disclose because there is nothing to disclosed. Another threat and I would also inform him that extortion is illegal and that is what he's doing. That the District Attorney might be interested in his threats.
This guys is a jerk and absolutely has no legal claims. Moreover, he's probably liable to the association if they had to pay for matters he should have been insured for.
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