So said Peter and Jean Keyearts, co-owners of space 55 in Indian Hills after receiving the latest in a series of letters from Jeffrey Leek of Star Management demanding the Keyaerts move their mobile home. The Keyaerts have been trying to sell their mobile home ever since their son, Doug Goudy, a disabled veteran, part owner and resident of space 55 got into trouble by shooting a neighbor on June 12th, 2005.
Doug was one of our first members and wrote CoMO-LAC in February 2005 about the following problems: unequal enforcement of rules and regulations, unsafe parking of vehicles in the street and various problems with the neighbors (trespassing, littering, loud music, parking in the street, & even more serious problems). Doug obviously was quite upset that the park had allowed these problems to continue.
On June 21st, just nine days after “the incident,” the Park sent the Keyaerts a 60 day notice to vacate, also stating that the mobile home would have to be moved within 15 days of sale, effectively preventing them from selling the mobile home. In fact the Keyaerts received about a dozen such notices—sent to the mobile home, their residence, and other addresses. Although the Keyaerts were co-owners with Doug, the Park claimed they had no rights.
On July 15, 2005 the Keyaerts listed the home with Paul Sauder of 5 Star Realty, Inc., also a CoMO-LAC member. Paul has had many listings in Indian Hills and is familiar with the way the Park can work against residents selling their mobile home. He stated that there have been times when the Park has given the seller three lists of repairs—some within days of the close of escrow.
The Keyaerts were forced to retain attorney David Pillemer who subsequently wrote Mr. Leek advising him that the Park’s 60 day notice did not comply with California State Law. In fact the Park had not had HCD inspect the subject mobile home and did not know whether or not there were health and safety issues.
The Park’s reply (October 1st) was a letter listing eleven items to be repaired (within 15 days), including removal of oil stains in the driveway, replacement of brick work (didn’t exist), submitting a landscaping plan for Park Management approval (although the landscaping was okay!), and painting the exterior of the home. These repairs would cost perhaps $3,000 to $4,000. The Keyaerts also had to sign a “storage agreement” for their own mobile home—paying full rent! Additionally the home could not be occupied and would have to be moved if not sold after the 6 months. It appeared they had until the end of March 2006 to sell. At least this gave the Keyaerts some breathing room. But…….
Not so fast! After significantly reducing the price, several buyers were turned away by the park. One buyer would pay cash and had six figures in the bank; however he had a bankruptcy and was rejected by the Park.
Then on November 29, 2005 the Keyaerts received another letter from Mr. Leek stating the requested repairs had not been done and if not done within 10 days, THE PARK would move their mobile home at the Keyaerts expense! That was the time when they said “We won’t give them our mobile home” and decided to file a lawsuit against the Park. Obviously enough was enough. Now they wait for the Park’s next move. This story is continuing and CoMO-LAC will update you as developments occur.