Complaint Review: Highpoint Condominium Association Bobbie D. Lewis - Stanhope New Jersey

This is a letter that I wrote to Highpoint Condo a*s. on July 2, 2001. It relates the conditions under which my right to speak for myself in my own defense was denied as non-existant and the subsequent "legal theft" of my vehicle. Any assistance in recovering my vehicle or damages would be greatly appreciated.

July 2, 2001

to:

Highpoint Condominium Association & Bobbie D. Lewis

P.O. Box 515

Stanhope, NJ 07874

973-347-5576

Dear HCA & Bobbie,

On the 21st of August, 2000, at 12:30pm, you placed a parking violation, No. 561, on my red, 1982 Pontiac Firebird, VIN 3_1G2AS_8716C_N5383_40, for 'no plates'. The contact information listed on this violation notice is exactly as follows:

Highpoint Condominium Association

P.O. Box 515

Stanhope, NJ 07874

201-347-5576

This was the only contact information that was provided to me for addressing the parking violation. My wife, Lynn, called the number provided, upon return from work. The phone number acted as if it were busy or broken. I was out of town on business, so she called and provided me with this information.

I began calling the number provided and received a busy or broken tone. By the evening of the 22nd she noticed that the car was missing. I continued calling the provided contact number at all hours of the day, with the only busy/broken tone available to me. After 36 hours of failed attempts to use this contact number, I began trying other NJ area codes with this number until reaching the 973 area code.

This finally connected me with Bobbie. She informed me that my car had been towed for 'no plates'. I began by informing her that I had been calling the provided contact number of 201-347-5576 for more than 30 hours without being able to reach anyone. She replied, "You are supposed to know the telephone area code and exchange for the town you are living in." I mentioned that I had only been there for a couple of weeks and that my previous state only had one area code and NJ has a half dozen. I also informed her that I was out of town on business, which included procuring plates for the car. I asked if there was someone I could speak to about discussing the situation regarding the contact number and getting the car returned.

Bobbie told me that there would be an Owners' Meeting that Thursday at 7:30pm. I asked if my wife, Lynn, could attend to discuss the matter. She replied that only Owners' were allowed to attend and that as renters we were prohibited from attending and representing ourselves in this matter.

I reiterated that she had said that we were not allowed to attend a meeting, to represent ourselves, in a matter that would determine the fate of property belonging to us. She said that was correct. The owner from whom we were renting was not available to attend. Bobbie said that she would bring up the matter of the contact information at the meeting. I also requested a copy of the HCA rules and a transcript of the coming meeting after its completion. I was again told that only an owner could make this request. The Friday morning after the Owners' Meeting I began calling Bobbie to get a status on the meeting. I reached an answering machine.

I tried calling at all hours. I continued to reach an answering machine. On Monday I called the 'Emergency contact number' listed on the answering machine. It was a 201 number. The person who answered informed me that Bobbie had left for vacation, immediately after the Owners' Meeting. She was expected back early the next week.

I began calling early the next week, after my return to NJ. Eventually, I got to speak with Bobbie. I asked her about the outcome of the last Owners' Meeting. She said my request was denied, that they agreed that I should know my local phone numbers. The car was towed to the Mall Towing yard, 908-852-6400. It was transferred to Karcharski Auto Salvage, 908-852-3175, at Ryan Rd., in Independence Township on Jan.18.2001.

I have, up until this time, been unavailable to address this issue. I has been my contention, through out this matter, that I was not provided with any viable means to contact the HCA and address the violation regarding my vehicle prior to its being towed. Refer back to the contact information that was provided to me. It is generally considered acceptable to assume that business contact information, especially on legal documents such as violations, is both current and accurate. According to Verizon customer service, 800-427-9977, Stanhope, NJ was switched from the 201 area code to the 973 area code on June 1st, 1997. This was over three years before the pre-printed violation was placed on my vehicle.

Also, according to Verizon customer service, the 347 exchange is not for Stanhope, NJ, as listed on the violation, rather it is for Teaneck, NJ. There is no way that, "knowing my local telephone area code and exchange," would have been of any use to me in deciphering the only contact information provided to me, without first calling Verizon customer service.

The parking violation itself, form PV-224, was printed by Peachtree, 800-241-4623. This form can be reprinted, with a minimum order of 50, for $43.00. An order of 200 is $76.00, and 500 costs $130.00. In order to save $43.00, Bobbie and HCA, removed my opportunity to discuss the violation prior to relieving me of my vehicle, worth $2,000.00*. Karcharski Auto Salvage charges $10.00 per day storage fee, currently over $1,600.00. What a savings for other HCA residents if they happen to receive one of these reused forms.

I was also denied the opportunity to discuss the matter with the decision making body in my own defense. This sounds a lot like a violation of due representation, or just indecent, unfair, dishonest, business practices.

I would like to resolve the injustice this matter, permanently. This can either be done by paying the storage fee and returning my vehicle to me, or reimbursing me for the replacement value of the vehicle, or a court decision. I am readily available to discuss the first two options, for delivery of the vehicle or delivery of the title and keys for the vehicle to you. Otherwise I will be filing a civil suit against both the Highpoint Condominium Association and Bobbie. In order to gain a better knowledge of the Stanhope, NJ area, I will be contacting as many of the local area news agencies as possible. I look forward to resolving this issue in a prompt and fair manner.

*Kelly Blue Book replacement value is $2,000.00

(www.kbb.com, retail value, 1982, Pontiac, Firebird, hatchback coupe 2dr, V6, auto, 99,000 miles, 07027, A/C, PS, AM/FM.)