HOA Karen Dug a Trench at Night to Divert Floodwater Onto MY Property — But I'm a Civil Engineer

HOA Karen Dug a Trench at Night to Divert Floodwater Onto MY Property — But I'm a Civil Engineer

Chapter 33

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Donna rose next. She held up a repair invoice and told the room about her furnace, how she had spent a winter worrying that another storm would take out the replacement. Glenn talked about the thousands he had spent on waterproofing, and Mrs. Walsh spoke about a child who no longer kept toys downstairs because he was afraid of the next rain.

One by one, the owners from the low streets stood. They did not make coordinated speeches. They shared different experiences and, in doing so, made the shared cause harder to dismiss. Eleven affected families spoke before the chairman of the meeting could restore order, and several other residents said they had never realized the same problem had been recurring across so many properties.

Brenda lifted her hand. "These are unfortunate maintenance concerns, but we cannot possibly be responsible for every homeowner's basement."

"Nobody's asking you to be responsible for rain," Tom said. "We're asking why you blamed us for a system you wouldn't let anyone examine."

Doug turned toward Brenda. "I requested the drainage consultant's report. I requested the approval for the trench. I asked whether the board had legal authority to impose those fines. I still haven't received answers. Are any of those documents available tonight?"

Brenda looked to Carol, then Steve. Neither reached for a folder. She began explaining that board volunteers were often underappreciated and that difficult decisions could not satisfy everyone. Someone in the back asked whether an engineer had approved the Saturday work. Brenda said Dennis was an experienced contractor. The questioner repeated, "Was there an engineer?" and received no answer.

I projected the notices issued to my lot, including the fine demand and the proposed demolition authorization. I explained that Laura Chen was challenging them under the declaration and applicable law, and that no court had yet determined their enforceability. I also showed the written request that I abandon my county complaint, with the key sentence highlighted.

"This is what happened when I asked for an outside inspection," I said. "I don't want this association to punish questions. I want the board to commission independent reviews, protect the common infrastructure, and give every homeowner a fair way to be heard. Those changes are still possible, but not if we pretend the current process has worked."

Doug stood and made a motion to take up a no-confidence resolution and the recall procedure authorized by the association's bylaws. The secretary confirmed that thirty-one eligible households were represented and that this met the quorum for the special membership business noticed with the annual meeting. The proposed motion concerned Brenda's directorship and the membership's confidence in her leadership; the board would separately need to select its officers afterward.

Brenda's face reddened. "You can't simply vote out a president because a few people are unhappy with her."

Laura had reviewed the notice and proxy requirements before the meeting, and Doug had brought the relevant bylaw provisions. He read them aloud without triumph. Brenda interrupted him twice, but he continued with the procedure rather than arguing about whether she deserved it.

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HOA Karen Dug a Trench at Night to Divert Floodwater Onto MY Property — But I'm a Civil Engineer

45 Part