“Yes.”
“Nothing authorizing discretionary private-pool inspection.”
“Yes.”
“The surveillance allegation is nonsense unless you're violating some separate privacy statute, and based on camera placement I don't see it.”
“Okay.”
“The hearing is still important.”
“Why?”
“Because boards can create records.”
Marcus leaned back.
“Meaning?”
“If you ignore it, they may enter findings saying you failed to appear.”
“Those findings become letters.”
“Letters become collection notices.”
“Collection notices become liens if people aren't careful.”
“Even when underlying claims are weak, cleaning the mess costs money.”
Marcus knew.
Documentation weaponized itself through repetition.
“What do you recommend?”
“Attend.”
“With you?”
“Absolutely.”
Vanessa probably expected him alone.
Good.
The hearing occurred Wednesday evening in the HOA management office.
Marcus arrived with Andrea.
Vanessa was already seated.
So were Robert, Patricia, and another board member Marcus had never met.
The property manager sat near a laptop.
Vanessa stared at Andrea.
“Who is this?”
“My counsel.”
“This is an internal association meeting.”
Andrea smiled politely.
“My client is entitled to representation regarding alleged violations.”
Vanessa looked toward the property manager.
The manager nodded reluctantly.
They sat.
Vanessa opened the meeting.
“This hearing concerns Mr. Cole's escalating pattern—”
Andrea interrupted calmly.
“Before testimony, we would like disclosure of any board member participating who was directly involved in the underlying incident.”
Vanessa stared.
“I am board president.”
“You are also the person cited by police after entering my client's property.”
Silence.
Robert looked toward Vanessa.
Patricia folded her hands.
Andrea continued.
“We request that Ms. Whitmore recuse herself from adjudicating allegations arising from her own conduct.”
Vanessa's face reddened.
“That is absurd.”
Patricia spoke.
“No.”
Everyone turned.
Patricia looked toward Vanessa.
“It isn't.”
Vanessa stared.
Patricia continued.
“You can't accuse him and vote on whether your accusation is true.”
Robert cleared his throat.
“I agree.”
Vanessa looked betrayed.
“This association has always allowed officers to participate in enforcement matters.”
Andrea said:
“Not as complainant, witness, and judge simultaneously, I hope.”
The fourth board member looked toward the property manager.
“What does counsel say?”
The manager typed something.
“I don't have association counsel on this call.”
Andrea smiled.
“Then perhaps postponement is appropriate.”
Vanessa slammed her pen onto the table.
“This is exactly what he does.”
Marcus finally spoke.
“What?”
“You turn everything into procedure.”
Andrea touched his arm lightly.
Let her talk.
Vanessa continued.
“You refuse cooperation.”
“You bring lawyers.”
“You call police.”
“You record people.”
“You turn neighbors against the board.”
Marcus stared.
“I called police after you climbed my locked gate and entered my pool.”
Vanessa looked toward the others.
“Because he knew I was conducting an inspection.”
Patricia blinked.
“You were swimming.”