In filing the lawsuit I set out to teach the Board of Directors a very important lesson: they don’t know what they are doing, and when a homeowner who does speaks up and tells them that what they are doing goes against the governing documents and state statute, they should listen. More than that, they shouldn’t hire a management company and law firm that encourages and supports their illegal behaviors, attitudes and decisions resulting in illegal actions against the homeowners.
The case was never about money, despite spending my own money to defend the rights of all homeowners of 198 homes in our association, which wasn’t all that cheap but remained an acceptable loss given the outcome.
This case was about proving a point, and the point was made rather well. So well that the HOA moved from Vial and Fotheringham counsel’s legal assistance and filed the matter with the HOAs insurance carrier, American Family, who in turn hired another lawfirm to represent the HOA in the legal case I filed. Knowing full well there was absolutely no legal defense they could counter with regarding the breach of contract with the Street Tree Resolution, they merely focused on the only weakness in my case, damages.
I offered to settle and walk away from the case before filing it to save the HOA on legal fees, but they refused. Which means they spent nearly double that offer in defending the HOA in a case they knew they were never going to win.
Again, this was never about the money and I only made that settlement offer to test their resolve, as I knew they would refuse. This was all about proving a point and I proved it. Going forward I highly doubt they will make the same mistake again in trying to screw the homeowners out of their right to vote on matters that they are entitled to if the Board of Directors wants to alter the language and effect of the CC&Rs. That being said, I can tell you right now that the garbage can resolution done at the same time as the street tree resolution does the same thing as the illicit street tree resolution. It alters/changes the language of the CC&Rs, i.e. it is an amendment that does what the Board wants it to say but doesn’t really say. I would suggest that a homeowner bring this up to the Board and have it rescinded immediately.
Since I don’t live in the HOA anymore, it’s up to you homeowners to pay attention to what the Board of Directors, Management Company, and retained lawfirm is doing. If you remain complacent and apathetic as you have for the past 21 years, and seeing as that I am gone, in time the Board of Directors just May repeat their bad / illegal behaviors, choices and resulting actions that go against your interests and violate your right to vote on making amendments to the governing documents that could have a huge financial impact along with the anger and frustration of such a resolution acting as an amendment targets you.
