Marcus called it the pool rule.
The proposed policy did much more than regulate the community pool.
Private homeowners with pools would need to maintain updated emergency contact information with the HOA, provide proof of fence compliance, observe new weekend quiet hours, limit nonresident guests, and—most controversially—allow “reasonable visual inspection of pool safety conditions upon association notice.”
Marcus had read that line twice.
Then three times.
He had emailed the board.
What constitutes reasonable visual inspection, and does this language authorize entry into fenced private property?
Vanessa replied:
The board must retain sufficient access to protect community safety and property values.
That did not answer the question.
Marcus replied:
Please identify the current covenant granting physical access to my fenced backyard.
No answer.
The proposal went to committee.
Not adopted.
Not approved.
Not effective.
Marcus knew because the board minutes were published Thursday afternoon.
Now Vanessa was standing beside his pool on Saturday.
Marcus climbed the first step.
Water dropped from his shoulders.
He wore bright orange swim trunks.
Vanessa looked at them as though even the color offended her.
“You received the inspection notice.”
“No.”
“It was emailed.”
“A proposal was emailed.”
“An inspection notice followed.”
Marcus reached the top step and stood on the wet deck.
He kept several feet between them.
“I didn't authorize anyone to enter.”
“You don't have to authorize association inspections.”
“Yes, I do.”
“No.”
Marcus stared at her.
“Vanessa.”
She straightened.
“I am here in my official capacity.”
“You are wearing a swimsuit.”
Her lips tightened.
“That is irrelevant.”
“It is confusing.”
“I was at the community pool.”
“Then go back.”
Vanessa removed her sunglasses.
Her pale eyes narrowed.
“You don't get to dismiss me.”
Marcus looked toward the gate.
It was still closed.
Locked from inside.
He noticed immediately.
“You didn't come through the gate.”
Vanessa said nothing.
Marcus looked toward the six-foot fence.
Then at her.
“You climbed my fence?”
“I accessed the property.”
“You climbed the fence.”
“The gate was locked.”
“Yes.”
“That prevented a scheduled inspection.”
“There was no scheduled inspection.”
“I emailed you.”
“You emailed a proposed policy.”
Vanessa stepped closer.
“Your pool equipment has not been verified under the updated standards.”
“There are no updated standards.”
“The board completed review Friday.”
Marcus frowned.
“No meeting was scheduled Friday.”
“Administrative review doesn't require a public session.”
Marcus laughed once.
Vanessa’s face reddened.
“This isn't funny.”
“No.”
He shook his head.
“It's just impressive.”
“What is?”
“You turned ‘the board didn't pass my rule’ into ‘I can climb fences now.’”
Vanessa moved toward him.
“Watch your tone.”
Marcus looked at her.
“I am standing wet and barefoot beside my own pool while the HOA president who climbed over my privacy fence tells me about tone.”
She pointed toward the pump enclosure.
“I need to inspect the filtration equipment and gate latch.”
“No.”
“I am not asking.”
“That’s the problem.”
Vanessa stepped toward the equipment.
Marcus moved sideways, placing himself between her and the pump enclosure.
“Leave.”
“You are obstructing association business.”
“There is no association business happening here.”
“You have received notice.”
“Leave.”
“Marcus.”
“No.”
He pointed toward the fence.
“Whichever route you used coming in, use it going out.”
Her expression changed.
The confidence remained, but something sharper appeared beneath it.
Anger.
“You've been difficult since the day you moved here.”
Marcus almost smiled.