Resident sued Master Association over towing dispute

On April 13, 2012, resident Jeremy Doolittle filed small claims case SCS126187 against the Edgewater Isle Master Association and its parking enforcement service, Northwest Protective Services, for $442 for towing Doolittle's car from an Edgewater Isle parking lot on November 21, 2011.

This is always going to be a tough one for a resident or homeowner to win. Edgewater Isle has an elaborate maze of parking rules, which are largely defined in the "Rules" booklet that all owners should have.

From the Master CC&Rs, page 15:

Edgewater Isle Master Assocation CC&Rs regarding parking

Resident lost

The hearing was held on May 25, 2012. The resident argued that he was unfairly targeted to be towed from the association, and after having received 4 previous citations and being towed anywhere from once to four times previously (depending on who was testifying), he thought he was being unfairly targeted. He was asking for $442 which included the towing and lost wages.

The plaintiff brought the parking rules into court as an exhibit and said that he did not park in a visitor space more than 3 days in one month. But that's not really what the rules say:

excerpt from Rules Book that discusses parking

The judge asked the plaintiff why he thought the second sentence should apply to him but not the first.

The plaintiff further attempted to bolster his claim that he was being unfairly "discriminated" against because he had just bought a new car and he had left it parked in a visitor space for 5 days now and he hadn't received a ticket. The judge then pointed out that he just admitted he broke the rules for the previous 5 days. (This is why lawyers tell their clients to shut up.)

On May 25, 2012, judgment was entered: the plaintiff lost.

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Moxi Posner's Criminal Past

Moxi Posner, also known as Lois Posner, has been very active within the Edgewater Isle community for years. She has been an outspoken advocate for her own various causes, and has appeared in at least two local newspaper articles.

While describing herself as a "homeowner and realtor advocate," Posner has a more colorful background: Posner has 5 criminal convictions for theft, 2 restraining orders against her, and this event that was previously discussed here.

Posner's five convictions in San Mateo County run from 1992 - 2007. It was between criminal convictions in 2006 that she was issued the first restraining order against her from a next-door neighbor. The facts are here.

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