HOA Called Police on the New Neighbor in His Own Driveway — Not Knowing He's the New Judge

HOA Called Police on the New Neighbor in His Own Driveway — Not Knowing He's the New Judge

Chapter 16

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"Thomas," she said. "I've been thinking. We got off on the wrong foot."

I set the screwdriver on the rung of the ladder. "That is one way to describe it."

"The garage has been a community resource. You weren't here when we made the arrangement, so of course you don't understand why people are upset. Nobody meant to offend you."

"I understand why people liked the arrangement. I don't understand who gave the association permission to use someone else's garage."

She made a small impatient movement with her gloved fingers. "You keep bringing it back to technicalities. We have a neighborhood to run. People depend on things. I'm prepared to be reasonable if you are."

She reached into the pocket of her gardening apron and produced a folded sheet of paper. The heading read SHARED USE AGREEMENT. The document proposed that the association retain permanent, nonexclusive access to my garage for community storage, that Patricia continue parking one recreational vehicle on my driveway, and that I receive a waiver of association dues in exchange. It referred to me repeatedly as the homeowner, a word whose reassuring quality seemed intended to disguise the rights being removed from it.

"You keep the house, obviously," she said. "You can park inside when the cart is out. I keep the driveway spot. Everybody gets what they need. Nobody has to call the police or get lawyers involved."

I read the paper slowly. There were no dates for termination, no meaningful restriction on access, and no way for me to reclaim the space without the association's agreement. I would remain responsible for property taxes, insurance, and the utilities consumed by whatever the association chose to store. The dues waiver had no provision guaranteeing that the board possessed authority to grant it indefinitely. In legal terms, the agreement was full of defects. In ordinary terms, it asked me to give her my driveway and my garage in exchange for permission to keep my own front door.

"I'll think about it," I said.

"Good. I knew we could be adults about this."

She smiled as though she had already received my signature and walked back to her house. I folded the paper and placed it on the kitchen counter beside my folder. I did think about it, for perhaps fifteen minutes, until I recognized its purpose. It was not a compromise. It was a survey stake. Patricia wanted to learn which part of the property I would surrender voluntarily so she would know where to push next.

That afternoon I called the association's listed management company, which turned out to provide accounting services rather than active management. A polite woman told me the board had never contracted with them to administer parking agreements or private garages. They collected dues and issued financial summaries from information supplied by the elected officers. When I asked whether a president could waive my dues for life without board authorization, she said the company would need to see an approved board resolution before changing a member's account.

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HOA Called Police on the New Neighbor in His Own Driveway — Not Knowing He's the New Judge

42 Part