“Our attorney.”
“When did we authorize that?”
Brenda’s face changed.
“I contacted counsel as president.”
Harold looked down at his notes.
“Using HOA funds?”
“Obviously.”
He leaned back.
That was the first crack.
I said, “I don’t need the board to discuss liability tonight. I have three factual questions.”
Brenda said, “Daniel, this is not appropriate.”
Monica Reed interrupted.
“Let him ask.”
Brenda looked at her.
Monica did not look away.
I raised the first document.
“This is the final decision on violation number HR-2217. Dated January 19. It says enforcement regarding my trees was closed because the association did not establish that the plantings violated the recorded easement or an approved architectural standard.”
Several neighbors murmured.
Brenda said, “That was before additional review.”
I nodded.
“Question one. Was a new violation issued after January 19?”
Silence.
Monica looked at Brenda.
“I don’t remember one.”
Susan Lang shook her head.
“Neither do I.”
Brenda said, “The original condition continued.”
I looked toward the other directors.
“So no new violation?”
Harold answered.
“Not that I’m aware of.”
I raised the survey.
“Question two. Did the board receive a survey showing any of the trees on HOA property?”
Paul Kim looked confused.
“No.”
Brenda said, “Survey boundaries are not the only issue.”
I continued.
“Question three. Did the board vote to authorize Brenda Whitmore to hire contractors to enter my lot and cut twelve trees?”
Silence.
Not uncomfortable silence.
Dangerous silence.
Harold looked at Paul.
Paul looked at Monica.
Monica slowly shook her head.
“No.”
Susan said, “Absolutely not.”
Every face in the room turned toward Brenda.
She straightened.
“I exercised enforcement authority.”
Harold stared at her.
“You spent HOA money without a vote?”
“I used the landscaping maintenance account.”
“For work on Daniel’s property?”
“He was in violation.”
Paul said, “You told us the contractor was clearing vegetation along the common path.”
That sentence changed everything.
Brenda turned toward him.
“That is what this involved.”
I opened my folder.
“No.”
I handed Monica copies of the survey.
Then photographs.
Then the landscaping company’s work order.
The description read:
REMOVE NONCOMPLIANT TREES ADJACENT TO HOA WALKWAY — LOT 118. AUTHORIZED BY B. WHITMORE.
Lot 118 was mine.
Harold rubbed both hands over his face.
“Brenda.”
She looked furious now.
“They were causing ongoing problems.”
I said, “Would the board like to hear what she told the crew?”
Brenda went still.
I took out my phone.
Her attorney was not present.
No lawyer had told her to stop talking yet.
That would matter.
I played eleven seconds.
The worker’s voice came through first.
You sure these are association trees?
Then Brenda.
Yes. Owner’s been notified repeatedly.
Another voice.
These look inside his lot.
Brenda again.
I’m HOA president. I have authorization.
Then the sentence.
Just cut them enough that he can’t keep them.
Nobody spoke after the clip ended.
Brenda’s face turned bright red.
She looked at me as though I had violated her privacy by recording my own yard.
“You recorded me without permission.”
“The camera records my side yard.”
“That’s illegal.”
Harold looked at her.
“Brenda, stop.”
She ignored him.
“You deliberately set this up.”
I almost admired the accusation.
“I installed that camera six months ago.”
“You knew there would be a dispute.”
“I knew people sometimes walked beside my house.”
Paul Kim leaned forward.
“Did you tell the contractors the board authorized it?”
Brenda looked at him.
“I told them I had authority.”
“The video says ‘I have authorization.’”
“I meant my authority as president.”
Harold shook his head.
“That is not what authorization means to a contractor asking whether he has permission to cut someone’s trees.”
For the first time, Brenda looked around the clubhouse and seemed to understand that she was not controlling the room.
She reached for a different argument.
“Fine. If everyone wants to pretend Daniel’s landscaping has never been a problem, go ahead. But those trees were going to grow into the common area. I solved a future issue.”
A neighbor in the back laughed.
Not kindly.
Another homeowner said, “By trespassing with chainsaws?”