CHAPTER FOUR:  ABUSE OF PROCESS BY THE BOARD.  Okay, that is the substance of  the situation that is making our lives in our condo home very stressful right now.  We know the two people who are in total control of everything pertaining to this invalid and illegal fine assessment are joined in this campaign of vengeance or revenge which is very real and hateful, but which actually has nothing to do with the problem our dog had late on the evening of January 8th because no complaint was ever filed.

Wait, the story gets a lot more ridiculous (and dangerous for us).  So when I wrote the Board that the fine assessment was invalid, citing chapter and verse of applicable state law and of the Condo Association's rules, the Board took that as a request for an appeals hearing.  Thoroughly and completely misreading the Rules (or more likely ignoring them), the group scheduling the appeals hearing was the Residential Committee.  It has to be the Board under the Rules.  Of course, what difference does that make since the president of the Board and his minion co-Director (let's call her "Second Director") constitute a majority of both the Board and the Residential Committee.  We haven't yet told the Board about the screw up that it has the wrong group performing this "appeal hearing,".

But what's your feeling about us having to appeal this defective fine assessment?  It's the equivalent of a parking ticket written out by a clown and placed on our windshield, isn't it?  How do you appeal something that is illegal and invalid from the beginning?  Well, having learned in years of legal practice that it is far worse in cases like this to fail to show up than to show up and argue that the proceeding is invalid, we eventually (and timely) agreed to be present at the appeal hearing.  By then, the Board (actually the Residential Committee) had scheduled the hearing without clearing any dates with us and sent us a letter that the hearing would take place and a record would be created whether or not we showed up but the hearing could be deferred up to a maximum of 10 days if we requested.

As it turns out the hearing could only be held on days when the Board President could be present in person.  These are weekend days because he is out of the city Monday through Friday every week.  Although he does most of his governing work and holds nearly all of the pretend Board meetings over the phone or by email, this particular hearing could not be held without him being physically present.  You know what this really means:  he has to be present to be sure Second Director doesn't get out of line and vote the wrong way.  So the appeals hearing is ultimately scheduled for April 11th, a Saturday, at 10:00 am.  You are all invited to attend (but I bet Mr. President won't let you in the room.)  Will we attend this hearing?  Stay tuned for chapter five.