The HOA Filled Its Lake With My Orchard Water — Then I Found a Contract I Never Signed

The HOA Filled Its Lake With My Orchard Water — Then I Found a Contract I Never Signed

Chapter 12

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Linda called my office the following morning and asked whether we could meet somewhere that wasn't the clubhouse. She had been treasurer of Canyon Lake Estates for almost three years, and until then our conversations had consisted of two invoices for fruit baskets and a brief exchange about a tree branch leaning across the property line. I knew she had a reputation for keeping careful books. I did not know that careful bookkeeping had become a problem for her inside her own association.

We met at a small coffee shop on the highway, far enough from the lake that nobody would casually mistake our conversation for another HOA board meeting. Linda arrived with a legal pad and no folder. She ordered tea, looked at her hands for a moment, and apologized before we discussed anything else.

"I approved a budget line that led to this," she said.

"Did you approve a pipe in my ditch?"

"No. And that's what I'm trying to understand."

She explained that Canyon Lake Estates had enjoyed unusually high water levels for several years. Its ornamental lake was designed as a stormwater feature as well as a place where residents could walk, fish, and sit beside the fountain. The problem came during two dry seasons, when runoff fell sharply and the small permitted well could not keep the waterline high enough to cover the decorative stone around the edge.

Residents complained. Real estate agents complained louder. Photographs in sales brochures showed a full blue lake beneath the mountains, and the actual lake had developed a wide band of mud between the water and the landscaping. Denise began treating that exposed shoreline as an emergency for property values, although nobody had shown evidence that a temporary reduction in lake level threatened the structural integrity of the basin or the safety of the homes.

"We received a quote in June," Linda said. "Almost sixty thousand dollars for a legitimate supplemental water purchase. The figure included the water, the district fees, conveyance losses, and the infrastructure needed to deliver it legally."

"Who offered the water?"

"A rights holder farther up the valley. Our lawyer reviewed the outline. It was expensive, but it was real."

The board had rejected the proposal because the association was already rebuilding its reserves after an expensive roof project at the clubhouse. Denise had argued that the cost should be viewed as a marketing investment. Linda and two other directors had refused to take money from the restricted reserve account to make the lake look deeper for an annual property showcase.

"Then Denise came back with the twelve-thousand-dollar idea," Linda said. "She claimed a neighboring grower was willing to help. She wouldn't say who, only that negotiations were sensitive."

"You voted for it?"

"We voted to authorize her to negotiate, subject to attorney review and district approval before any agreement became effective. We did not approve construction. We did not approve drawing water."

"Was that condition in the minutes?"

"Yes. And our secretary has the draft and the final copy."

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The HOA Filled Its Lake With My Orchard Water — Then I Found a Contract I Never Signed

42 Part