HOA Took Down My Dam Because I “Refused to Pay HOA Fees” — Then Watched Their Neighborhood Sink

HOA Took Down My Dam Because I “Refused to Pay HOA Fees” — Then Watched Their Neighborhood Sink

Chapter 12

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Wendell did look.

He saw Rebecca Sloan.

His expression changed.

Lawyers know each other.

The meeting opened at seven.

Rebecca Choi summarized the flood.

Sixteen residences with structural water intrusion.

Seven additional properties affected.

No serious injuries.

Estimated preliminary private damage exceeding $1.3 million.

Public cleanup and road damage still being calculated.

Then Wendell spoke.

He repeated the HOA’s claim.

Private upstream structure.

Unsafe.

Improperly maintained.

Removal undertaken in good faith.

Failure caused by years of negligent design.

Curtis Lynn turned on the projector.

Permit SWR-2017-0418 filled the screen.

Issued April 18, 2017.

Owner:

Daniel Mercer.

Engineer of record:

Daniel Mercer, P.E.

Approved by:

State Water Resources Commission.

Reviewed for downstream compatibility by:

County Water Resources Office.

Curtis said:

“The structure at issue was not an unregulated private pond dam.”

“It was a permitted detention and flood-mitigation structure.”

“It appears in the county stormwater inventory.”

“It passed construction inspection.”

“It passed follow-up review.”

“There were no unresolved safety violations before demolition.”

The gym became very quiet.

Wendell looked at Karen.

Karen whispered something.

Daniel Reyes from the state leaned toward his microphone.

“The commission has confirmed no demolition permit, alteration permit, emergency removal order, or abandonment authorization was requested by Cedar Ridge HOA or any contractor acting on its behalf.”

“We are investigating unauthorized destruction of a permitted water-control structure.”

Wendell asked:

“Was the structure located within Cedar Ridge’s watershed?”

Daniel Reyes answered:

“A watershed is not a property jurisdiction.”

A few people laughed.

Karen did not.

Then Rebecca Sloan stood.

“My client would like to present documents.”

I walked to the podium.

First:

1998 recorded Cedar Ridge plat.

Parcel 7A clearly outside.

Second:

HOA declaration listing included parcels.

7A absent.

Third:

Certified mail receipt for my rejection of voluntary membership.

Fourth:

Courtesy reclassification letter.

I read the phrase.

“Geographically integrated peripheral parcels.”

Then asked:

“Can any attorney in this room identify a deed, declaration amendment signed by me, court order, or statutory mechanism by which three HOA board votes transferred private land into their association?”

Nobody answered.

Wendell stared at Karen.

Diane stood.

“I can answer how the vote occurred.”

Rebecca Choi recognized her.

Diane approached.

“September 12 last year.”

“Vote three to two.”

“Karen Whitfield, Tom Briggs, Brad Collins yes.”

“Myself and Margaret Foley no.”

“We expressly stated Parcel 7A was outside the declaration.”

“Margaret submitted written dissent.”

Diane handed over minutes.

Margaret stood.

“I have the dissent.”

More paperwork.

Then my dashcam.

Rebecca connected it to the projector.

Karen appeared twenty feet tall on the gym wall.

Cream jacket.

Clipboard.

Excavator behind.

Her recorded voice filled the room.

“You refused to pay, so we are recovering.”

Then:

“We own this watershed, sir.”

Then the contractor:

“I need the state permit.”

Karen:

“The HOA has reviewed all relevant authority.”

Then me:

“That dam is the only thing standing between the back half of your subdivision and a foot of water.”

Karen’s response:

“We own this watershed.”

People shifted.

No one laughed.

I stopped the video.

Wendell leaned toward Karen.

They whispered urgently.

I continued.

“Three days later, rainfall arrived.”

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HOA Took Down My Dam Because I “Refused to Pay HOA Fees” — Then Watched Their Neighborhood Sink

18 Part