Storage rental

[FlaRiptide]

I presently have in my possession a filing cabinet inclusive of corporation documents, and lawn equipment inclusive of a $1,200 riding lawn mower.

I was the former treasurer for our Homeowners' Association. The new Board has not yet responded to my request for them to pickup the above mentioned items. (The new Board members are not on friendly terms with me). I had emailed one of the new Board members the same evening of our annual meeting advising him to let me know when the new Board would be picking up the items. I have not yet had a response and a full week has passed.

At what point would the law allow me to begin charging for rental storage? Does the law limit how much I can charge for storage in my own garage? At some point could I sell the stored item(s) to pay for the storage rental? How long must I wait prior to selling the item(s). If legally allowed, what is the proper procedure (wait time and notice)? Is there a specific Fla. statute that I could refer to?

Manatee County
Thank you.

 

[FlaRiptide]

It has now been three weeks. They had set an appointment with me this evening to pick up the items, yet never showed up!

What are my legal options? I can't sell the stuff, I can't just set it out on the street. I just want the stuff gone. I couldn't make sense of the abandonment laws as whether they would apply in this case or not.

I am hoping someone could give me an idea of my legal recourse and then I could use this as a "scare tactic" to encourage the retrieval of those items still entrusted by me.

I predicted that this would happen and thus was looking for an answer to my legal options at the very start.

I would appreciate anyone's thoughts and/or ideas.

 

[army judge]

It might be easier to return the items to the new officials.
You have other remedies, but HO associations can be real pains in the REAR, if riled.
Save yourself some drama, and return their crap to them.

 

[FlaRiptide]

Army Judge,

Does that mean I can simply leave $1,200 worth of property in their personal driveway and walk off? Do I have any responsibility as to it's safe and secure turn over?

If they are not smart enough to come pick up the stuff I don't intend to continue wasting my time and effort. I'd just be happy to put the stuff out on the street.

Yet, I am leery of doing as such as I believe that would be unlawful.

 

[army judge]

Army Judge,

Does that mean I can simply leave $1,200 worth of property in their personal driveway and walk off? Do I have any responsibility as to it's safe and secure turn over?

Yes, you can do so, but I'd advise against it.
You do have a responsibility to keep the items secure.
It is called a bailment.
Bailments are divided into three categories:
1) Those in which the trust is for the benefit of the bailor, as deposits and mandates.
2) Those in which the trust is for the benefit of the bailee, as gratuitous loans for use.
3) Those in which the trust is for the benefit of both parties, as pledges or pawns, and hiring and letting to hire.

If they are not smart enough to come pick up the stuff I don't intend to continue wasting my time and effort. I'd just be happy to put the stuff out on the street.
Yet, I am leery of doing as such as I believe that would be unlawful.

I never said to leave their belongings in the street or in their driveway.

Doing so isn't illegal, but it could be costly.

You wouldn't be breaking any criminal law, but you'd be committing a tort.

I'd arrange to meet one or all of them at a location of their choosing.

I'd have an inventory of everything I'm giving them.

I'd allow them to acknowledge that every item on the list is being returned.

I'd ask them to sign for the return of the items.

I'd keep a copy for myself.

I'd give them a copy.

I'd wish them well, and be on my way.

There are other ways you can do this, but to me this is the easiest.

You need them to relieve you of the items.

They obviously do not wish to do so, for reasons that should be obvious to you.

Get this done the easy way.

The mountain isn't coming to Mohammad, so Mohammad must go to the mountain!

 

[FlaRiptide]

I have already done EVERYTHING you have suggested. On Feb. 1st I advised them to call me to make arrangements. I already had an inventory list and a release letter already drawn up. I never heard another word from anyone till this past Wednesday. Two Board members called. The first made arrangements to have the items picked up this evening. The second person called regarding another issue, yet I advised her that I had been contacted by another Board member regarding the pickup.

No one showed up this evening and no one called to either explain why no one came or to make other arrangements.

How long must I put up with their "crap" till I have the legal right to take my own action which would not be pleasurable to them?

Just thought of a good one! If they don't make positive arrangements to pickup the stuff within the next two days I will notify them that I shall be going on a month long vacation...