“Who took them?”
“Vanessa said the landscaping contractor.”
“And?”
“The contractor denied entering.”
Marcus wrote notes.
Patricia continued.
“There was another issue with a rental property.”
“What?”
“She photographed through a side window because she believed too many people were staying there.”
Marcus stopped writing.
“Through a window?”
“From outside.”
“On private property?”
“I don't know where she was standing.”
Patricia sighed.
“Marcus, I should have asked more questions.”
He heard genuine regret.
“This isn’t on you alone.”
“I’m on the board.”
“That means it’s partly on you.”
Patricia was quiet.
Marcus continued more gently.
“Which is why you can fix it.”
She breathed out.
“You're not very comforting.”
“I’m not your therapist.”
That earned a tired laugh.
Then Patricia said:
“Vanessa is calling an emergency disciplinary hearing.”
“For me?”
“Yes.”
Marcus closed his eyes.
“Of course she is.”
“Hostile conduct toward a board officer.”
“Interference with inspection.”
“Probably something about surveillance.”
Marcus opened his eyes.
“Surveillance?”
“She says your cameras may violate HOA privacy standards.”
Marcus stared at his own backyard.
“That camera points at my pool.”
“I know.”
“Patricia, I can see myself standing under it.”
“I know.”
“Does the board know she climbed the gate?”
“Not yet.”
“Then perhaps before disciplining me, you should watch the footage.”
Patricia was quiet.
“I think we should.”
“So do I.”
The certified hearing notice arrived Monday.
Vanessa had moved quickly.
Marcus’s first reaction was anger.
His second was professional curiosity.
Because Vanessa had made a mistake.
She had converted an embarrassing incident into a formal association proceeding.
Formal proceedings created records.
Records created discovery.
Records required legal basis.
And legal basis could be tested.
Marcus called Andrea Bishop.
Andrea was a property and HOA attorney recommended by one of his colleagues. She listened to the story without interrupting until Marcus reached the part where Vanessa removed her shoes before entering the pool.
Then Andrea stopped him.
“She removed her shoes?”
“Yes.”
“Before entering?”
“Yes.”
“On camera?”
“Two cameras.”
Andrea was silent.
Then:
“I’m sorry. I know this isn’t funny for you.”
“But?”
“But if she intends to argue she accidentally entered while performing an inspection, footwear removal is going to make that story difficult.”
Marcus laughed for the first time since Saturday.
Andrea asked for every document.
Within hours she called back.
“Your HOA documents do not authorize what she did.”
“I know.”
“I’m saying it as your lawyer now.”
“Good.”
“The CC&Rs permit entry for association-maintained components, emergencies, and certain inspections after notice where the association has actual enforcement authority.”
“Correct.”
“There is no adopted pool-inspection rule.”
“Correct.”
“There is no blanket right for directors to enter fenced yards.”