Serial Nook

My HOA President Fined Me For My Dead Oak, Believing I Could Never Afford A Lawyer, But My Garden Camera And Original Records Exposed Her Poison And Missing Reserve Money.

The Judge Asked Who Had Actually Seen The Originals

Part 5 · 4 min read ·

"A sworn statement isn't a finding," Ellen told me. "Read what she's asking for."

Deborah wanted the court to order me to surrender association records at once. Her statement said I had withheld current spending approvals and disrupted normal collection.

It didn't mention the custody vote.

Ellen filed my answer with that vote attached. We offered the originals for court inspection and asked that any transfer include a complete signed list.

At our hearing, I wore the dark suit June had picked for our last church anniversary. The left sleeve hung a little lower than the right.

Deborah wore yellow.

Her lawyer said the association needed its property back.

"My client agrees," Ellen said. "With an inventory and a reliable custodian."

Judge Miriam Cade looked from one table to the other.

"Who has actually examined these disputed originals?"

Deborah's lawyer spoke with her, then answered.

"The president relied on electronic copies."

Ellen showed the old roof vote and the new reserve approval. She pointed out the coffee mark without asking the judge to decide forgery that morning.

"My client is not seeking a final ruling today," she said. "He is seeking preservation, access, and a pause in collection."

The judge asked about my $650 payment.

"Received," the other lawyer said.

"And the tree?"

"Removed."

The judge reviewed Keisha's report and the written threats. Then she ordered the association to stop collection related to the tree while the case continued, preserve its records, and provide the financial inspection it had refused.

The originals would be inventoried with both sides present and stored with a neutral records service pending proper transfer.

Nobody had won the whole case.

But when we left, my house no longer felt like something Deborah could hang over me whenever she pleased.

She caught up with me near the elevator.

"This is costing your neighbors money," she said.

"They should see the bills."

"You used to be such a helpful man."

The elevator arrived before I found an answer worth giving.

Back home, Luis brought over a petition. Nineteen owners had signed it, enough under our bylaws to require a special meeting.

"Removal of the board," he said. "Election of replacements. Both on the notice. Ellen checked the wording."

"I'm not running."

"Nobody asked you to. You have enough envelopes."

That made me laugh for the first time since the tree came down.

The required notice went out. We waited the full period. I didn't knock on doors carrying pictures of Deborah in my garden. When neighbors asked, I showed them the filed complaint, the report, and the court order.

"Those are allegations," I said about the complaint. "This is what the judge ordered."

I wanted them to know the difference.

One man stopped me beside the cluster of mailboxes.

"I don't care about meetings," he said. "I just don't want the dues going up."

"Neither do I. Here's the balance we were given."

He read the page, turned it over, and asked where the rest was.

"That's the question," I said.

He took a meeting notice home. I didn't need him to like me or know June's favorite flowers. He owned one share of the problem, and he deserved a straight answer about it.

At the November meeting, forty-three of our sixty-eight homes were represented. An independent meeting chair checked voting rights and counted ballots with two observers.

Deborah stood beside the cookie table.

"We have become a very unfriendly community," she said.

Lena rose from the second row.

"I voted to fine Walter without answering his evidence. That was wrong."

Martin stared at his shoes.

"I let bank statements go to Deborah alone," he said. "I should have checked them myself."

Nobody clapped. An apology wasn't a repair, but it was something we could record without arguing.

Thirty-nine owners voted to remove Deborah. The separate votes also removed Martin and Lena. Two people opposed each removal; two abstained.

We elected Yvonne Bell, Luis Vega, and Anita Park to the vacant seats, following the procedure on the notice.

Deborah reached for the clubhouse keys when the meeting chair asked for them.

"I need to finish several things first."

"Please give them to the new board," he said.

She set them down hard enough to silence the room.

The new board authorized an independent audit, notified the bond carrier of a possible loss, and hired separate counsel. Ellen represented me. She made that boundary clear at once.

At the records transfer, I watched every box get numbered. My signature went beside the same inventory as the records service's signature.

I kept copies I was entitled to keep. The association got its originals back.

Three days later, Yvonne called.

"The court-ordered inspection turned up the vendor tax forms," she said. "The auditor wants permission to send one to your lawyer."

"Whose form?"

Paper rustled beside her phone.

"Cedar Trace Services. Deborah signed the ownership line."