Re: Work or Pay Systems
From: Tim Mensch (
Date: Mon, 4 Aug 2008 09:46:04 -0700 (PDT)
Brian Bartholomew wrote:
You are not "forced" to make this choice.  Nobody's going to die if
you wait a month.
And that's the only criteria that would be sufficient? Not legally. The HOA is responsible for the maintenance of the community, and could face a (justified) lawsuit for damages. The damage from a leak can be substantial, from necessary drywall replacement to causing the growth of mold in the walls, which can make a unit (and potentially adjacent units) uninhabitable. And any suggestion of a resolution path that requires the court system means to me that the system has failed.
You could agree in advance to a resolution procedure
that is far more limited:
I wouldn't personally accept any such limited resolution procedure--because you can't know in advance the nature of all potential problem situations! One that I'm familiar with was a rat infestation at a community, where there was a conflict on how to deal with the problem. It was felt to be urgent by folks who were worried about rats as a potential disease vector. Some folks morally objected to killing the rats--even though humane trapping is ineffective, since rats are too smart. The status quo was unacceptable to a vast majority of the community, and despite any protestations you may make otherwise, waiting until the conflict could be "resolved" wasn't an option I would have accepted, had it been my choice--and humane trapping wouldn't have solved the problem (which was solved by the traps, if I recall).

My underlying point is twofold: I personally have no tolerance for allowing one person to hold the community hostage on ANY decision, and if two people are equally stubborn in that regard (and neither agrees to back down), then it's not just a matter of waiting a month, because no decision is possible as long as the two continue to face off. I won't accept tyranny of the minority--while I think we all understand that you, Brian, abhor the tyranny of the majority. I'm not trying to say that you're wrong, just that we disagree, and have different tolerance or intolerance of different situations, and that's really OK. The answer isn't to try to convince me or anyone that tyranny of the majority is bad, or that you're "right." There simply is no "right" answer to this question! The real answer is to find a place where each of us can be happy, and it sounds like you already have a plan--as do I.

So can we put this to rest, please?

Tim Mensch

Currently at Wild Sage (Boulder, CO):

Moving out! Our unit is for sale!

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