HOA Dumped Thousands of Fish in My Pond — Then I Discovered They Were Worth $600K

HOA Dumped Thousands of Fish in My Pond — Then I Discovered They Were Worth $600K

Chapter 25

Theme:
Font Size:
24px

"What was the date of the emergency?" she asked.

The attorney looked at his papers. "The transfer was completed on the date shown in the invoice."

"I asked when the emergency began."

There was a pause. Daniel stood with a copy of the consultant's memorandum and asked permission to offer the date of an earlier planning document. The judge allowed it for the limited purpose of considering urgency and prior knowledge. She examined the six-month-old email and asked why Hayes Pond had been named in advance if the site had been selected during a sudden emergency.

Karen shifted in her chair. The association attorney said preliminary alternatives had been considered in the ordinary course of environmental planning. That answer might have been innocent if the rest of the paperwork had agreed with it. Instead, the documents showed a planned relocation presented to the transport company as already authorized, followed by a bill to the man whose land had received the stock.

The judge invited Karen to clarify whether she had approved the final move. Her attorney advised her to keep the answer within the question, and she said yes, as HOA president she had authorized the contractor. The judge then asked whether she had personally obtained my permission. Karen answered no, adding that the management company had assured her it was handling necessary notifications.

"Notification afterward is not the same as consent beforehand," the judge said. "Does your association contend that its covenants bind Mr. Hayes's ranch?"

"The association has watershed interests beyond the recorded subdivision," the attorney replied.

"An interest is not the same thing as a right to enter property. Show me the agreement or order that gives you that right."

He could not produce one. The judge did not announce that the entire case was over, and she did not declare the breeding stock mine. She asked additional questions about emergency hazards, future testing, and whether both sides would cooperate with the state without removing evidence. Daniel said we would; the trust's counsel agreed to join a preservation protocol.

Martin then spoke briefly about the cooperative's records. He produced the 1994 agreement requiring written receiving-landowner consent for transfers of registered stock, and he explained that the old Riverstone corporation's dissolution had not automatically transferred the breeding assets to Silver Ridge. The judge said the competing ownership issues would require more evidence and were not being decided in an emergency hearing.

"Mr. Hayes," she said, turning toward me, "are you claiming these fish belong to you simply because they're now in your pond?"

I stood. I could feel Karen watching me from the other side of the room, but I kept my eyes on the bench. "No, Your Honor. I didn't ask for the fish, and I haven't sold one. I want to find out who owns them and keep my pond safe. I also want the association to stop treating my property as if it can use it whenever that becomes convenient."

News in the same category

HOA Dumped Thousands of Fish in My Pond — Then I Discovered They Were Worth $600K

45 Part