The Chairman Had To Explain His Saw Under Oath

By the time the civil trial began, the maples outside the courthouse had lost their leaves.

Months had passed since the flood. My fish had returned to the basement after the room passed its safety checks. The two tanks sat in fresh trays. I still checked their blue lines every morning.

I had paid Mara $3,260 in all. We asked to recover that amount under the fee provision in our condo documents. I brought each receipt.

The association had its own lawyer and its own losses to prove.

There was no jury. The judge heard us over two days.

Before we went in, Mara asked what I was most afraid of.

"That I'll sound angry."

"You can be angry and accurate. Just answer the question you're asked."

I folded my coat over my arm. At work, I could steady my hands beside a sick animal. I tried to give myself that same care.

Leland arrived in a dark coat with a velvet collar. Without his leather binder, he seemed unsure where to put his hands.

His lawyer argued that Leland had acted for the building and made an honest mistake during needed repairs.

The association's lawyer laid the original sauna proposal beside the emergency invoices.

"Which document described the work that was actually done?" she asked Niles.

"The sauna proposal."

"Who was the intended user?"

"Mr. Frost."

Niles admitted the false billing and copied signature again. His own lawyer did not try to turn him into a hero for telling the truth late.

Rosa testified that she had refused the proposed shower work without approvals. She identified the damaged pipe and her service photos.

The independent plumbing expert followed her. He had examined the saved section with both sides allowed to attend. He found a saw cut that had weakened the supply line where it failed.

An independent video examiner explained his review of the card and files. He had found no signs of editing in the recording we had supplied. He could not promise what no examiner could know, and he said that plainly.

The tank logs, service times, and other footage lined up with the sequence.

Then Mara asked me about the second video, the one I had made while checking a fish.

"Why were you recording?"

"The wrasse was breathing fast. I wanted a record before treatment."

"Were you trying to film Mr. Frost?"

"No. I was trying to count gill movements."

The court watched Leland give Niles the emergency-fund envelope. Ada then showed where the money inside that account had gone.

For the first time, my work records and their bank records sat on the same screen.

Leland took the stand after lunch.

"The wellness room was meant to improve property values," he said.

"Was it open to other owners?" the association's lawyer asked.

"Not yet."

"Why did its proposal call it private?"

"Contractor language."

"Why was there a door from your unit?"

"Access for oversight."

She gave him time to finish. I could hear a cart roll through the hall outside.

"Did the board approve the project?"

"We discussed basement improvements often."

"Which minutes record approval of this project?"

He named no meeting.

Then she played the saw sequence.

"You described yourself in your sworn statement as merely inspecting the area. What were you doing here?"

"Helping with a minor branch."

"The common supply wasn't that branch, was it?"

"I am not a plumber."

Rosa sat beside me. She did not move.

The lawyer showed him his message about tank failure.

"What inspection had you made of Ms. Choi's tanks before sending this?"

He looked toward me then.

"There were tanks right there. Anyone would have assumed."

Nobody spoke for several seconds.

I had spent months trying to answer his claim. He had just explained how little had been behind it.

The written decision came three weeks later. Mara read it with me at her office.

The court found Leland responsible for the unauthorized spending and the flood loss. It found Niles responsible with him for the false project charges, subject to one recovery of that money.

The association's damages totaled $60,260: $31,800 taken from the fund and $28,460 for the flood. Its approved fees and costs came to another $9,640.

My $28,710 balance was ordered canceled. I received $3,260 for my legal expenses. The court rejected Leland's claims against me.

I put a hand over the page before Mara could turn it.

"Can I have a minute?"

"Take one."

I listened to the bakery trays below us and let myself believe the numbers.

Then Mara brought out a second envelope.

"One more thing arrived," she said. "His lawyer wants payment instructions from the sale of his unit."