The Homeowners Association has filed a lawsuit against my father. Story is as follows:
He has a box truck (that by clause 390.5 of the Federal Motor Carrier Safety Association is not considered a commercial vehicle).. Its a GMC Savana. There is no parking place around our house or neighborhood to a walking distance. He was sold the house a few years back without being showed the Homeowner's Association's regulations until after the purchase of the home. However, it was no problem, but a year ago the Homeowners Association switched to another company, and they had new rules. They consider his truck as a commercial vehicle and say he can not park in his drive way. He rents a storage space around 10 miles from our home, however does not always have access to another car to get him back home once he leaves it there. The truck is MAINLY parked at the storage on weekends and most weekdays.. It is only here whenever he needs to use the fax to send invoices or have lunch/clean etc.
They called tow trucks more than once, even though our neighbor also has that same truck, and gets no hassle. The tow trucks arrived, so my dad called police. The police officers clearly stated that they have no right to remove your vehicle off your own property, and the tow trucks left and never came back after those few times. Then they sent us random fines; it did not say a specific person who it was from or anything. It was like for example me sending a random address a fine over something I fine inappropriate. My dad refused to pay since there was no reason for them to do this. He is a hard working man, pays his bills, even pays the monthly Homeowners bill. The rules and regulations that were given to him after the purchase of the home and swapping of Homeowners companies, weren't elected by us, the residents and we had no voice in who and how should run the neighborhood.
Now they are suing us for those unpaid fines and lawyer fees (which i dont know how much it is, they didnt state). They claim the truck "devalues properties and makes the neighborhood unattractive." So we made a petition to see if the residents are okay with the truck being parked here temporarily as it is (for example it hasnt been here all day today or yesterday), and do they find it intruding in their home prices. Most find it completely normal, and are also unhappy with this Homeowners company, "Liberty" <-- wow at their name. The sherriff came to serve us with the law notice, and he also stated that he had the same problems in his neighborhood a while ago.
My dad can not just leave the house, ruin his credit, run away.. Just because some people decided to hassle him in such ways. So what do we do? He doesnt speak english very well, so the following questions:
Can I help him and represent him to some extent when the case begins in the Clerk's Court?
Is the petition enough to back us up? (if they say the voice of the residents does not matter, they still have their regulations, then who's voice COULD matter if not the people living in the neighborhood)
This has been months of harrasment, nerves, and constant problems. My father didn't do anything wrong. So in case of a win (which may be out of the question since Homeowners Associations never lose), but just in case, can there be a counter sue? If so, how do you approach a counter sue based on psychological harrasment over months long period of time? This issue has brought my parents a great deal of problems. My dad can't even sleep thinking about this case and its outcomes.
Also, if he is found guilty, how can he take the case higher and maybe say it was an unfair resolution? How do we approach doing that?
Please reply seriously. My family is having a great deal of stress over this, so I am trying to find some reasonable answers or references that may help.
Thank you all in advance.
edit: state: GA, Gwinnett County
He has a box truck (that by clause 390.5 of the Federal Motor Carrier Safety Association is not considered a commercial vehicle).. Its a GMC Savana. There is no parking place around our house or neighborhood to a walking distance. He was sold the house a few years back without being showed the Homeowner's Association's regulations until after the purchase of the home. However, it was no problem, but a year ago the Homeowners Association switched to another company, and they had new rules. They consider his truck as a commercial vehicle and say he can not park in his drive way. He rents a storage space around 10 miles from our home, however does not always have access to another car to get him back home once he leaves it there. The truck is MAINLY parked at the storage on weekends and most weekdays.. It is only here whenever he needs to use the fax to send invoices or have lunch/clean etc.
They called tow trucks more than once, even though our neighbor also has that same truck, and gets no hassle. The tow trucks arrived, so my dad called police. The police officers clearly stated that they have no right to remove your vehicle off your own property, and the tow trucks left and never came back after those few times. Then they sent us random fines; it did not say a specific person who it was from or anything. It was like for example me sending a random address a fine over something I fine inappropriate. My dad refused to pay since there was no reason for them to do this. He is a hard working man, pays his bills, even pays the monthly Homeowners bill. The rules and regulations that were given to him after the purchase of the home and swapping of Homeowners companies, weren't elected by us, the residents and we had no voice in who and how should run the neighborhood.
Now they are suing us for those unpaid fines and lawyer fees (which i dont know how much it is, they didnt state). They claim the truck "devalues properties and makes the neighborhood unattractive." So we made a petition to see if the residents are okay with the truck being parked here temporarily as it is (for example it hasnt been here all day today or yesterday), and do they find it intruding in their home prices. Most find it completely normal, and are also unhappy with this Homeowners company, "Liberty" <-- wow at their name. The sherriff came to serve us with the law notice, and he also stated that he had the same problems in his neighborhood a while ago.
My dad can not just leave the house, ruin his credit, run away.. Just because some people decided to hassle him in such ways. So what do we do? He doesnt speak english very well, so the following questions:
Can I help him and represent him to some extent when the case begins in the Clerk's Court?
Is the petition enough to back us up? (if they say the voice of the residents does not matter, they still have their regulations, then who's voice COULD matter if not the people living in the neighborhood)
This has been months of harrasment, nerves, and constant problems. My father didn't do anything wrong. So in case of a win (which may be out of the question since Homeowners Associations never lose), but just in case, can there be a counter sue? If so, how do you approach a counter sue based on psychological harrasment over months long period of time? This issue has brought my parents a great deal of problems. My dad can't even sleep thinking about this case and its outcomes.
Also, if he is found guilty, how can he take the case higher and maybe say it was an unfair resolution? How do we approach doing that?
Please reply seriously. My family is having a great deal of stress over this, so I am trying to find some reasonable answers or references that may help.
Thank you all in advance.
edit: state: GA, Gwinnett County