An HOA President Climbed Into a Homeowner’s Private Pool — She Thought Her Title Gave Her the Right to His Backyard

Chapter 13

Theme:
Font Size:
24px

Marcus looked at her.

“No.”

“Not yet.”

“That wasn't a question.”

“I don't want to spend two years paying you to prove she shouldn't climb fences.”

Andrea laughed.

“Fair.”

“What do you want?”

Marcus looked back at the office.

“I want her to stop.”

Andrea nodded.

“That may require understanding what else she's done.”

So they looked.

Arizona law and association documents entitled homeowners to various records, subject to exceptions.

Marcus submitted formal requests.

Board minutes.

Enforcement policies.

Vendor invoices.

Insurance policies.

Legal expenditures.

Pool-inspection records.

Correspondence establishing access authority.

Vanessa delayed.

Then produced partial records.

Marcus requested missing ones.

She claimed confidentiality.

Andrea narrowed the request.

The property manager produced more.

The pattern emerged.

The “sustainability initiative” had never been formally adopted.

Vanessa drafted it.

Circulated an email describing it as board-approved.

Management assumed approval existed.

A vendor received work orders for seven private properties.

Four homeowners had apparently allowed entry after being told inspection was mandatory.

Three had not.

Marcus was one of the three.

At another home, the vendor entered an unlocked side yard while the owners were away.

At a third, Vanessa personally photographed pool equipment through a gate.

Then came something stranger.

Invoices showed the HOA paid a private “community compliance consultant” $8,400 over eighteen months.

The consultant's address matched Vanessa's brother-in-law.

Marcus stared at the record.

Andrea read it.

“Conflict disclosure?”

“None in minutes.”

“Board approval?”

“Need to check.”

Robert called before they finished.

His voice sounded exhausted.

“I heard you requested consultant records.”

“Yes.”

“Can we talk?”

Marcus invited Andrea onto the call.

Robert explained.

He believed the consultant was independent.

Vanessa introduced the company as a compliance vendor specializing in water conservation.

Robert voted to approve an annual budget line.

He did not know the owner was related to her.

Andrea asked:

“Did Vanessa disclose the relationship?”

“Not to me.”

“Did invoices include private-property inspection work?”

“Yes.”

Marcus stared at the spreadsheet.

The pool issue had become financial.

Robert continued.

“I’m calling a special board meeting.”

“When?”

“Friday.”

“Open?”

“Partly.”

“Counsel will attend.”

Andrea said:

“Good.”

Robert hesitated.

“There’s more.”

Marcus waited.

“The association insurance broker contacted me.”

“Why?”

“Vanessa submitted the police citation as an HOA incident.”

Marcus's expression changed.

“What does that mean?”

“She asked whether the association would provide defense coverage.”

Andrea leaned closer to the phone.

“Did she represent that she was acting within board-authorized duties?”

“Yes.”

Marcus looked toward Andrea.

She was already writing.

Robert continued.

“The carrier asked for board authorization.”

“We don't have it.”

Marcus exhaled slowly.

Vanessa had tried to make the HOA pay for her trespass defense.

That meant every homeowner's dues.

Including his.

News in the same category

An HOA President Climbed Into a Homeowner’s Private Pool — She Thought Her Title Gave Her the Right to His Backyard

40 Part