Thursday, June 1, 2006

Neighbor vs. Neighbor

My neighbor from hell!!

Oh my! Carl Fuess has discovered he is on my web site and doesn't like it. He is livid because he is being exposed for what he is. I stated he built that albatross fence six inches inside the property line without consideration for his neighbor's feelings about the material he chose. He was denying he did that when in saw me in court May 8, 2006. He denied it in front of Don, the mediator. If you look at the picture below, it plainly shows a large gap between the edge of my block wall and the edge of his superflous, useless solid plastic wall. It doesn't take a genius to see this is a spite wall. If you were to measure that distance it comes to six inches. Carl Fuess thinks because he says it, no matter how many facts to the contrary--you must believe him.

Maybe now he might begin to know what it feels like for me to see that hideous white plastic wall he persisted in building in spite of all my begging and pleading with him to not build the fence. He didn't care one iota for my feelings and the harm he did to my life stlye and property value when he built that fence. "Hurray for me and the heck with you. I have a legal right to build it, so tough luck lady," was his attitude. Now, why should I care how he feels about his being on my web site? For two years Carl and his grinning wife have gone to extremes in an attempt to demean, ridicule, harass and make me look like a mentally unstable person because I was trying to protect my life style and property value. If people are going to act this way, then others will tell about them. The web is a good way. Just as Megan's law allows sexual offenders to be identified, I feel nasty, mean spirited people should be exposed so unsuspecting decent people can protect themslves from these predators. The harm mean people are willing to do to others can be just as serious as any other harm inflicted by other crimes.
This is my home where I hang my heart and soul. I live on my property. I planned to live here until death do me part. I wrote the Fuess' a letter called "A search for sanity" telling them that. They tried to use the letter against me in attempting to obtain a TRO. Carl & Linda do not live on the property next door to me. They never intended to. They do not even live in Sun City. They are speculating carpet baggers. Why on earth do they think they can step all over my life, my feelings and expect me to turn the other cheek and show them good will? Have they no decency? That's like Ted Bundy expecting the families of his victims to invite him home to dinner.

Yes beauty is in the eye of the beholder. All the people who tell Carl Fuess they like that fence either do not have to live within dailysight of it or are agents hoping to make a commission from the sale. I know he thinks that is a beautiful fence. People have a right to their taste. However, there is a big difference between McDonalds and dinner at the Royal Hawaain. Plastic symbolizes the cheapest material on the planet. What does a passion for plastic tell educated people about the Fuess'. There are lots of gorgeous building materials available today to make an eternal wall of beauty. Why didn't they choose something lovely? I have to see that over bearing monstrocity every day, and in my eyes it not only is glaringly ugly, it symbolizes the Fuess' total inconsideration of their neighbors. Have Carl and Linda ever imagined how pleasant life could have been for them had they been considerate and not forced the issue by building that fence?

The reality is that fence is an albatross around his neck. Many, many people have told me how ugly they think it is. 26038 Ridgemoor has been on the market for over two years! If that fence were so wonderful don't you think someone would have bought his property by now? If he truly wants to sell his property, why doesn't he take down the albatross fence and see how fast it will sell? Carl, knowing full well that the fence problem will still exist and the new family will have problems with the next door lady who is offended by that fence, is simply refusing to be accountable and passing the buck. He created the problem. He didn't have to build that fence. The two properties were separated by a two foot slump wall for over forty years and life was peaceful between neighbors. But the Fuess' know better than anyone else and consider their opinions the only ones to be valid. In the face of knowing there would be nothing but bad will from their neighbor, still built that spite wall. Now he wants to stick another innocent person with the problem.
Perhaps the question should be asked--which is more important to Fuess? Selling his property and moving on with his life or insisting upon keeping his spite wall and attempting to harm me. I think Carl Fuess would prefer to keep the fence than to sell the property.

The agents and the seller have a DRE disclosure problem. They must fully disclose to any potential buyer about the sellers neighbor problem. If that fence is still standing when escrow closes, the fence problem with the neighbor will continue. What buyer in his right mind is going to purchase a property with a built in war with his neighbor over a fence.

Carl and Linda love to tell the story to any one who will patronize them that they decided to put the property on the market because of me, their neighbor from hell. They claim they are afraid to use it as a rental because of me. Wow! What power I have according to the Fuess'. Does anybody really believe that? They paid $200,000 cash and closed escrow the middle of June 2004. They did a little work in fixing it up. (The previous owner also put a lot of fix up work into the property.) By November 2004, they placed the property on the market for $319,000. They weren't at all greedy now, were they? They were only hoping to enjoy about a $100,000 profit for little work five and one half months after escrow closed. They used a broker from Palm Springs! Nice work if you can get it! Of course, it never sold. The real reason they put it on the market they claim is because of the "evil, mentally unstable Therese Daniels." They were afraid; "she might do something crazy." After all, I wrote them a "strange and rambling letter" telling them it takes "two years" before this matter could be resolved. It's now over two years and we are still fighting inand out of court! If actions speak louder than words, it appears to me Carl would rather fight me tooth and nail than resolve issues with me and move on with his life. Nothing demonstrates the density of this man more than his continued obstinancy in refusing to concede with me. To date my rough estimate of the cost of his self indulgent luxury of building his spite fence is at least $25,000 he will never retrieve. That is the price of neighbor bad will for which Carl has no value. If he had left the property as it was originally built by Del Web, it would have cost him nothing and he would have had abundant good will. He had a chance to enjoy good will with me, but didn't value that. Stupid is what stupid does.

Plastic, (Pardon me, PVC) is becoming the building material of the day. No matter how popular it may become, it is still plastic. The window casings and door frames are plastic. Of course, I forgot to mention the Mickey Mouse fake garage he built at our expense with more plastic fence. One good rain and everything a family has stored in it will be soaked! The latest items they added in an attempt to seduce a potential buyer is lace curtains in the house and tab curtains to the outside patio only on my side. Carl Fuess will go to any degree (but remove the fence) to try to pass his fence problem onto someone else. He would rather try to camaflouge to a potential buyer his ugly neighbor problem than resolve it. They are obstinate about resolving issues with me; the Fuess' don't care how much another innocent family may be hurt as a result of the problems Carl Fuess created with his neighbor. He is looking to "stick it to someone else". This is another example of Carl Fuess' "hurray for me, and the heck with you attitude" towards people. This is a classic revelation into the psychology of my neighbors from hell. I have it on good authority I am not the only person with whom Carl is in conlict. I am told he is hated by many, many people in this area because of his constant attempt to control and harm others. Fuess' are not even decent enough to attempt to sell that property free and clear of any bad energy and neighbor problem. If they were really honest and decent people--which they are not--they would remove that momument to plastic , make peace with their neighbor and let a buyer who plans to live there decide if he/she want a fence. That way this would give the buyer an opportunity to begin on a good foot with the neighbors and possibly --if the buyer felt in need of a fence--could work out a mutually agreeable fence that would promote and continue good will.

(Good will has no value to the Fuess')
When I wrote my letter two years ago "A search for Sanity", I discovered the Fuess' are not sane. Sane people would not have insisted in building that plastic wall. Sane people would not have looked for every way they could to harass me, and impune me. Sane people would have acted rationally and attempted to resolve issues with their neighbor rather than create them. I had several sane people read the letter prior to my sending it. They all said they would not put up a fence after recieving a letter like that. Not old knucklehead Carl Fuess-- He is so hard headed he would rather keep the fence, leave the property vacant for years in hopes of finding a buyer stupid enough to buy his created war.

Convoluted minds and attitude of Carl & Linda Fuess--
Examples of how Carl Fuess twists the truth to harm me or others who dare to stand up to them:

Example # 1
They are masters at making the innocent look guilty. Armed with intimidation, manipulation, convolution of the truth and bald faced lies, they have run their lives by stepping upon, over, and around all decency. Woe to anyone who dares to stand up to them armed with only honesty. Woe to any other innocent people who have the temerity to disagree with them. Carl Fuess and his faithful side kick will mow them down over a conflict of one drop of water. There is no law against people being that way. Neither is there a law against exposing them. Carl Fuess screamed in court on June 28, 2006 that my statements about them are slanderous. To slander someone means to lie about him. Let him show me one lie in this entire statement.

It is interesting to me that people who spend a life time of getting their way by stepping all over other people want to keep it a secret. They hide behind the facade of of ordinary,, good church going, caring, responsible citizens. They are truly perfect examples of predator type personalities who lurk disguised as "good people."

Example #2
He shouted in court I tried to extort from him $250,000. "Extort" is a strong word. It suggests a person was acting illegally, immorally, and malevolently. He implies his wife and himself to be victims. What he failed to acknowledge was the damage he has caused me, the quality of my emotional and professional life, as well as depreciate the value of my property has cost me way more than $250,000. He has robbed me of the quiet enjoyment of my home, my peace of mind, and time taken away from working at real estate dealing with all the compliants he made against me. What he didn't say is my request to settle so as to avoid an expensive law suit was legally done through an attorney. If the Fuess's were honorable people they would have told the whole truth instead of convoluting the facts. The only good solutions are win/win. Their only approach is win/lose with malice to their adversary. Good will is of no value to them. Their reaction to my letter "A Search for Sanity" proves that.

Example #3
When an unresolvable conflict arises between people in society the only choice left for sane people to resovle the issues is America's judicial system. The fence they built causes me so much grief and antagonism along with all the other harassment they have done to me, I explained in my "Search for Sanity" letter, I had no choice but to take them to court. (After all, this is not the old west where you can have a shoot out at the O.K. corral.) The American judicial system provides a legal system in which--hopefully--issues can be decided in a sane and rational manner. This is every American citizen's legal right . This major fact is what the Fuess's omit when they cry victim about my asking for punitive damages. The Fuess' totally ignore that fact. Unfortunetly for those seeking solutions through the Superior court system, the courts are backed up at least two years before anyone can get to trial. Ask any lawyer how long it take to get to court. So when I told the Fuess's how long our legal battle might take in the courts I was telling them a fact. They tried to convolute that statement into a threat. Then they acted as if my mentioning court as a last choice that I had done something illegal. They have absolutely no regard for other people's rights. If they did, they would not have acted as if I had committed a crime because I told them how long it takes to get into court. I was attempting to appeal to their sanity in begging them to not build that fence. There are many ways to resolve problems without going to extremes. I was trying to get them to maintain good will. It costs over $20,000 to initiate a law suit against someone. I was hoping to save the money by trying Small Claims Court in which I have no confidence. Of course, as usual, Small claims court, was a waste of time.

Example #4

Carl Fuess wants people to think the building of that "spite wall" was necessary to protect themselves from a difficult neighbor. From 1998 to the present there have been four separate families who resided next door. There was never a reason for a fence between us. Except for Roger Oster the last owner prior to Fuess, I enjoyed the most pleasant relationships with all. Why not with the Fuess'?
The "necessary fence" Fuess built fails to provide privacy since the the slump wall that borders the golf course is only two feet high and any one from the golf course has complete view and direct access to the yard. All I have to do to observe anything in their yard is walk 8 ' from my back door and glance over the fence. Who is he kidding? What Carl unwittingly has done with his stupid fence is made it a silent red flag to any potential buyer he has a neighbor problem? As I asked many times already, what family wants to buy into a neighbor vs. neighbor problem. Senior buyers want to be assured of peace and tranquility where they live.

Example #5
The Fuess's claim they are unprovoked innocent victims of a "mentally unstable crazy lady" who is just plain picking on them because she doesn't like the fence that is their right to build. Yet, it is on record Carl Fuess went to the Riverside County building department to report me to them about a non bearing wall that was removed from the inside of my home between a laundry room and a storage room. Since I have never invited either of them into my home nor on my property, how did he know about a missing wall in my home?
1. Did he tresspass upon my property and peek into my home?
2. Did he peer into my windows from his side of the yard or from the golf course. If so he was a "peeping Carl". People are not allowed to be spying into the homes of their neighbors.

Since this is inside my home, what business was it of his? How did that affect anything in his personal life style the way his ugly plastic wall has diminished the beauty of my yard and life style? What could have been his purpose in reporting it , other to cause me and my family harm. Is this the act of innocent people who mean me no harm? He had to go out of his way to do that. Carl Fuess is not only a liar, he is a sneak.

Example #6
Last year we bought some storage cabinets for our garage that had to be assembled. In order to do so, we moved several items from our garage to the driveway. Carl Fuess immediately began taking pictures. Then he went to Donald Miller of the codes compliances department of SCCA to file a complaint we were having too many garage sales. Was that the action of a man who meant us no harm? As a matter of fact, there are over 10 false complaints in writing filed at the SCCA office he made against us .

Example #7

He is so dumb he takes the word as law of the broker who failed to honor DRE law and disclose to him that the seller had problems with the lady next door. Had Bruce Garver disclosed to Carl and Linda Fuess before they made their offer to purchase (as he was supposed to do under DRE law) what he wrote in his declaration about me and Roger Oster, would Carl Fuess had purchased the property? The real wrong doer in this entire mess was the broker who failed to properly disclose a material fact that would affect a buyer's decision. Fuess just assumed that everything about me was wrong and every thing about the broker was right. Had Carl been a more intelligent person, he would have been objective and ask for a friendly chat with me. I just might have information that would have made him think differently.

Example #8
Carl Fuess claims that I have no right to object to his ugly fence while at the same time he tried to get his neighbor on his east side to take down his fence. He went to property manager at the Ship to Shore Travel Agency several times not only to ask her to remove the fence but to ask her to make negative statements about me on their behalf. When she refused, he filed complaints with Donald Miller about the weeds on the property. Then he went up and down Ridgemoor Rd. attempting to obtain negative information about me from the neighbors. Carl Fuess said in a sworn statement, he has never done a thing to hurt me. From July 2004 to the present I have been stalked in every way imaginable by Carl Fuess. He has taken photos of me, snooped in my home, my business, my life and even checked who is on title on my property. I fear for my and my harmless little dog's personal safety knowing this man has been running loose spying on me to find any way he can to harm me.

Example #9
Carl filed a complaint against me with SCCA claiming I was advertising and operating a business from house because my trucks are parked in the driveway with magnetic signs on them. He also had his attorney send my broker a letter stating I was not allowed to show his property. Did he have my highest good in mind when he did that?

Example #10
How about that! The Fuess's under penalty of perjury swore in their declaration they decided not to rent their property because they feared that I would do something to their tenants. So in their profound wisdom, they chose to put the property on the market approximately $50,000 over priced. After two years of failed attempts to sell their albatrosse, they now have a "for rent sign" on the property. Does this mean they no longer fear I might "mess" with their tenants? Or does it mean they were lying on their declaration? If they were afraid then, why are they not afraid now? Either way it does show their word is meaningless. Me thinks The Fuess' speak with forked tongue.

The reality is: This is not a perfect world. Not every neighbor is if filled with goodwill, tolerance, and compassion towards his/her neighbor. The reality is there are some down right mean spirited, spiteful, vindicitive and malicious neighbors who will do anything they can to "hurt or get even with their neighbors". Neighbor fights are considered by the courts as merely nuisance and generally push the idea of settling issues via arbitration instead of courts. Strangley enough, the one place where neighbor malice is welcomed is the codes enforcement department of HOA's. Vindictive neighbors turn the codes enforcement officers into their own private instruments of revenge. The codes officers use the CC&R's as their weapons of destruction. Donald Miller, the SCCA codes enforcment "officer", greedily welcomes the petty and viscious complaints from one neighbor against another. Protected under the blanket of laws and bylaws, they enthusiastically pick up their CC&R weapons and attack the alleged violator with the full power of non judicial foreclosure and the hidden gun that backs every law--be it civil or criminal. Then in one lethal blow they use a sledge hammer to kill a fly. The alledged violator is rendered helpless and hopeless. There is no recourse under the cost of $25,000 in legal fees to win the right to allow an under the age grandchild to visit longer than stated in the CC&R'S. What is wrong with this picture?

Therese Daniels vs. Carl Fuess

See the letter by Therese Daniels to Don Weddle, president of SCCA. It's in the CC&R's section of this site. There are 4762 homes in the core. Only three have plastic fences and only one is solid. The solid one is next to my home.

When people buy homes for personal use or investment, they usual plan to get along with their neighbors. Any rational person knows the value of good will and harmony with neighbors makes life a whole lot easier. That is why when fences are built on the property parameter most neighbors get together and plan a fence agreeable to both and share the cost. This prevents animosity and promotes continued good will. Carl Fuess did not consider his neighbors on either side of him. He just measured 6" inside of his property and built the ugliest fence he could build. A short or long walk along the golf course parameter will not produce another solid plastic wall in Sun City. This ugly solid white wall of plastic, boxes in his property and makes it stick out like an island of hostility towards the rest of the community. In spite of his neighbor's pleas to not do so on the basis it would depreciate her property and diminsh the quality of her life, he built his spite wall. Interestingly, enough, the way he enclosed his property is a perfect mirror of his own hostile personality. Respect for his neighbor's life style, property values, or good will between himself and his neighbors are of no value to Carl Fuess. His only purpose was to carry out his will inspite of the harm he would cause the neighbors on either side. When he got bad will from his neighbor to the west of his property, he resented it intensely and proceeded to harass and demonize her rather than make an effort to resolve valid issues between them. What kind of a person would prefer to bring upon himsellf that much trouble when a little courtesy and effort to get along would have prevented all the misery he has put himself and his neighbor through?

Woe is me. I have had the miserable luck of having two consecutive neighbors from hell purchase the property next door to me. Whatever are the odds that I would get two separate investors whose life "MO" is to bully and intimidate anyone they assume is weaker then than they are. In either case the HOA board and the codes enforcement department failed to help me and favor these bullies. This story is about the one who now owns the property and his romance with Donald Miller. His name is Carl James Fuess. His wife's name is Linda.

They closed escrow on the property the middle of June 2004. In less than one month after they took possession, they began to make life a living hell for the neighbors on either side of them. They spent so much time making complaints against us, I began to wonder if the SCCA office became their personal office. No greater lover affair ever came forward than Donald Miller, the code enforcement officer and Carl Fuess. Carl Fuess had the codes department wrapped around his little finger avenging me. I was the victim of their malice. In less than seven months I received over twenty letters from SCCA charging me with one false violation after another. Each one became more ridicules than the other. I had complied where applicable, responded in writing, talked in depth with Christine McReynolds, and turned the other cheek many times duing this ordeal. The final straw was the letter telling me to take the parameter wall built by Del Web in 1965 down to three feet twenty five feet from the rear property line. But the final abuse that caused me to explode like a volcano was the order to take down the shrubs and plants that provided some privacy for us. I went bezerk. For days I drove around Sun City in rage. I couldn't believe this was happening. Then the worst of the worst happened. SCCA mailed that Special Election Ballot. They have already been misusing the powers they have and they were literally asking members to give them more powers. Control, control, and more control is what they lust. That is when I committed to expose this malicious board by writing the news letter SHOUT and start a recall. SCCA can thank Carl Fuess and Donald Miller's love affair for the revolution that has begun. In my mind's eye I can only describe the board and their employees as the wicked seven and their paid henchmen.