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

Chapter 26

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“Correct.”

“And there is certainly no swimming exception.”

Marcus laughed again.

Andrea continued:

“The disciplinary hearing matters.”

“Even though the allegations are nonsense?”

“Especially then.”

“Why?”

“Bad boards often become dangerous through paperwork rather than dramatic acts.”

She explained.

A board could issue a violation.

Then a fine.

Then another.

Collection charges.

Attorney fees.

Eventually liens in extreme circumstances.

Not because the original claim was necessarily strong, but because homeowners ignored procedural steps and assumed absurdity would defeat itself.

“Absurdity does not file objections for you,” Andrea said.

Marcus wrote that down.

They attended the hearing together.

Vanessa was visibly unhappy to see Andrea.

“This is an internal association matter.”

Andrea placed a legal pad on the table.

“My client has been accused of threatening conduct and potential rule violations. I’ll be joining him.”

Robert Hale, the retired accountant director, looked relieved.

Patricia looked nervous.

A fourth director named Linda Park sat near the end of the table.

The community manager stared at her laptop as if hoping to become invisible inside it.

Vanessa began.

“This hearing concerns Mr. Cole’s escalating hostility toward lawful HOA oversight.”

Andrea raised one hand.

“Before we begin, we have a procedural issue.”

Vanessa frowned.

“What?”

“You were the person involved in the alleged incident.”

“Yes.”

“You made the complaint?”

“As president.”

“And you intend to participate in determining whether your own complaint is valid?”

Vanessa stared.

“I am the presiding officer.”

Andrea smiled politely.

“That’s the problem.”

Robert shifted.

Patricia immediately said:

“She’s right.”

Vanessa turned.

“Excuse me?”

“You can't be complainant and judge.”

“This board has always—”

Robert interrupted.

“I think Vanessa should recuse herself from any vote.”

The room changed.

Vanessa looked toward him.

“Robert.”

He removed his glasses.

“This is basic.”

Her expression hardened.

“You’ve never had a problem with procedure before Marcus moved here.”

Robert looked offended.

“That is not fair.”

Andrea said calmly:

“We’re happy to proceed if the remaining directors agree she won’t vote.”

Linda nodded.

Patricia nodded.

Robert nodded.

Vanessa’s jaw tightened.

“Fine.”

She remained at the table as complainant.

Andrea then asked:

“What exact rule did Mr. Cole violate?”

Vanessa read from the notice.

“Interference with authorized inspection.”

Andrea slid forward a copy of the CC&Rs.

“Please identify the section authorizing entry into his fenced private pool yard.”

Vanessa looked at the document.

“General enforcement authority.”

“Section number?”

“It’s broader than one section.”

“Then identify any language.”

Vanessa’s face reddened.

“This isn't a courtroom.”

Andrea nodded.

“Correct.”

“In court, we'd have subpoenas.”

The manager looked down quickly.

Marcus had to suppress a smile.

Vanessa continued:

“The HOA has always conducted compliance checks.”

“From public areas?”

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

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