If you are thinking of buying there
STOP!
Until you read of my experience with management.
"As determined by Management in its discretion" is a clause used throughout the "Rules and Regulations" for living there.
Redacted is the person that caused this notice to be issued.
Redacted doesn't understand that sole discretion of a corporation does not mean without determining principle.
Libel or slander charges are fully defended if the words claimed to be libel or slander is true.
Scan of nastigram notice from management
The alleged offensive items
The alleged offensive items
Potential court case notes.
Standing to invoke the court requires a legally recognized injury, traceable to the person alleged to have caused the injury.
This means a claim of violation of a term (or terms) of a contract is what the adversarial case is going to be about. Specifically:
E. MAINTENANCE OF HOMESITE
Residents must maintain their homesite and all sheds, carports, garages and improvements thereon at their sole expense in a clean, neat and attractive condition, as determined by Management in its discretion.
Inchoate Interrogatory
Who does Redacted report to?When was the standards criteria written?
Who is the author of the written standards criteria?
Present a copy of said written criteria standards used by management (Redacted).
Meeting notes etc.
The counter claim of arbitrary and capricious could very well become arbitrary, capricious, and with malice.After meeting with Redacted "by Management in its discretion" actually means because Redacted said so.
Redacted is not known to be the owner of RLMMHP.
This means Redacted has an employer and a boss.
Owner is assumed to be a corporation and not a sole proprietor, and thus will fall under corporate public policy rules.
Perception is that Redacted did not like our reclining porch chairs made from converted automobile seats.
Opinion is that Redacted 's attitude and action is discriminatory because she did not like our reclining outside furniture.
Perception is that Redacted did not like being told "This is not your personal fiefdom."
Perception is that Redacted did not like my calling the above notice a threat to my life.
I should have been more clear. That notice is a direct threat to have me killed.
Redacted claimed to not know what arbitrary and capricious is.
Legal counter claim will be the written standards, the SOP Redacted is required to follow in making "discretionary" decisions so as to NOT be an arbitrary and capricious "discretionary" decision and claim.
Perception is that Redacted did not like my telling wife that we need to disable the auto-deduction of the rent.
Perception is that Redacted did not like my making the statement "I'm not a slave."
Perception is that Redacted did not like my making the statement that "I will bill 10% to 25% of the new cost of these offensive (my term) items and discard them."
I must be more clear: Redacted, you DO NOT OWN ME or my property.
Perception is that Redacted did not like my making the statement "You can't have it both ways." There was no opportunity to explain. I do that now.
If I am arbitrarily an capriciously denied use of the home lot exterior to my home, then I have absolutely NO DUTY to effect any maintenance what so ever on the lot or its plant life growing on said lot.
And in connection...
To be looked into, liability for injury on the lot. As in, liability goes hand in hand with ownership of the lot. If I don't own it, and I'm not allowed to use it, I am not responsible for maintaining it.
(To be noted, My injury from making the yard waste suitable per the stalag's "rules" for pick up.)
Arbitrary, Capricious, & With Malice
x
x
Arbitrary & Capricious Notes.
actions either are arbitrary and capricious, constitute an abuse
of discretion, or are otherwise not in accordance with law, then their
action should be set aside.
In the field of Law, an Arbitrary decision is defined as a decision based on random choice or personal whim.
Willful and unreasoning action, without consideration and regard for facts and circumstances presented . . . bad faith or failure to exercise honest judgment. -Black’s Law Dictionary
Capricious means to be subject to whim; impulsive and unpredictable.
Together “Arbitrary and Capricious” refers to:
A willful and unreasonable action without consideration or in disregard of facts or law or without determining principle. -Black’s Law Dictionary
A judge may rule that decisions are “arbitrary and capricious” for several reasons including:
-
- There was a clear error of judgment.
- Or, there was an absence of a rational connection between the facts found and the choice made.
- As well as the action was not based upon consideration of relevant factors.
- Additionally there may be an abuse of discretion.
- And also the action was not in accordance with the law, or taken without the required legal procedures.
ARBITRARY AND CAPRICIOUS
Absence of a rational connection between the facts found and the choice made. Natural Resources. v. U.S., 966 F.2d 1292, 97, (9th Cir.'92). A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law. 5 USC. 706(2)(A) (1988).
When a judge makes a decision without reasonable grounds or adequate consideration of the circumstances, it is said to be arbitrary and capricious and can be invalidated by an appellate court on that ground. There is, however, no set standard for what constitutes an arbitrary and capricious decision; what appears arbitrary to one judge may seem perfectly reasonable to another.
Example: Paul and Myra, both in their mid-30s, are involved in a disputed custody case. Both parents are fit to have custody of the child, so the judge must review all relevant information and decide what is in the best interest of the child. Myra raised the fact that when Paul was 16, he pleaded guilty to possessing marijuana. Based solely on Paul's previous conviction, the judge awarded custody to Myra. Paul appealed, arguing that the judge's decision was arbitrary and capricious, that his conviction nearly 20 years earlier was irrelevant, and that there is no reasonable basis to support the decision. The appellate court judges will make the decision.