CHAPTER FIVE:  ABUSE OF PROCESS BY THE BOARD.  So here we are.  Protesting a fine assessment based on a blatant lie created by the HOA Board President because he despises me and views this as a perfect opportunity to do me harm and make life unpleasant for me here at the POR. Wouldn't you be uncomfortable if this happened to you?  We are fighting this particular abuse of process by the Board because it is so unbelievably typical of the current HOA Board to do whatever they please and to rule by bullying and force.  This is not how condo life is supposed to be and we think this behavor has to stop. I can't imagine finding this level of insanity in any other top tier Condo in this city.  But here we have it in spades.

Will we attend the hearing on April 11th?  Well, get this.  A fine assessment by the HOA Board automatically becomes an enforceable lien against our condo if we don't pay it.  Interest compounds astronomically. The Board can add its costs related to the hearing if the assessment is upheld.  We might get thrown out of court with our lawsuit against the Board if we don't "exhaust our administrative remedies." So yes, we will attend and protest the validity of the assessment.

Oh really?  No, probably not. Here is what theBoard's letter says about the April 11th hearing:  The sole fact issue for determination at the hearing will be whether Rule IV.B was violated because Mr. Kurtz did not take "reasonable actions" to control the dog so that it was not a "danger, annoyance, or nuisance" to others.

This is what the Board is required to have determined before the fine assessment was made.  It didn't do that, of course, because the president was so eager to attack me he forgot to follow the clear requirements of the Rules and, of course, forgot to notice there was no complaint.  So the Board has ruled out any discussion of whether the fine assessment was in fact validly issued.  The only discussion allowed will be whether a rather vague rule was violated.  Well, of course, this is absurd you are thinking.  So are we.  What would you do if you were in our shoes? Fail to show up and have that taken as a waiver of your objection to the assessment in the beginning?  Show up and be ruled out of order every time you try to speak? Did you know that the Board has total control over who can be in the room?

Yes, we will be there.  I hope you will be too, but good luck getting in the door.