“Why not?”
“Because we believed it was all common property.”
The Homeowner nodded.
“That’s the problem.”
The President leaned forward.
“Your property has benefited from association maintenance.”
“Some.”
“Then perhaps you owe the association.”
The room went quiet.
His attorney’s pen stopped.
The Homeowner stared at her.
She had actually said it.
The President continued.
“Landscaping.”
“Water treatment.”
“Shoreline stabilization.”
“Security.”
The Homeowner nodded.
“Security tried removing me from my own property.”
A few residents laughed.
The President flushed.
He continued.
“Do I get a refund for that part?”
More laughter.
Even the Treasurer looked down.
The President hit the table lightly.
“This is not entertainment.”
The Homeowner’s voice remained calm.
“No.”
“It’s accounting.”
That changed the room.
The Homeowner continued.
“For seven years, residents were assessed fees based on representations that the association controlled this lakefront.”
“Fishing violations were issued.”
“Boat permits sold.”
“Guest access denied.”
“Private events approved.”
“Security called.”
“Did the association have legal authority over Parcel 14B when those things happened?”
The association attorney spoke.
“We’re investigating.”
The Homeowner nodded.
“Good.”
Then sat.
The meeting continued for two hours.
By the end, the board voted to commission an independent title review.
The President voted no.
Every other board member voted yes.
That mattered.
The first crack inside the board had appeared.
The independent title review took nineteen days.
The result was worse for the HOA than anyone expected.
Parcel 14B belonged entirely to the Black Homeowner.
No question.
The HOA had no ownership interest.
It did possess two limited easements.
One for stormwater access.
One for maintaining a drainage outlet.
Neither permitted recreational regulation.
Neither permitted private security enforcement.
Neither granted fishing rights.
And then came the dock.
Forty-three percent of the HOA’s primary boat dock crossed onto Parcel 14B.
The community had spent $186,000 building it six years earlier.
One year before the Homeowner purchased his house.
Nobody caught the title issue.
Or someone did and ignored it.
The survey company had marked the parcel boundary in the original dock plans.
That fact bothered the Homeowner’s attorney.
“Someone knew.”
The Homeowner looked at the blueprint.
A thick dashed line showed 14B clearly.
The dock design crossed it anyway.
“Who approved this?”
“Developer-era board.”
“Records?”
“Some missing.”
“Convenient.”
“Yes.”
Then they found one.
An email.
Seven years old.
From the original developer’s property attorney.
To three people.
One was the future HOA President.
At the time, she served on the architectural committee.
The email warned:
Dock footprint currently encroaches upon privately retained shoreline parcel. Recommend obtaining written easement before construction.
No easement was ever obtained.
The dock was built anyway.
The Homeowner stared at the message.
His attorney leaned back.
“She knew.”
“Seven years ago.”
“Yes.”
“Before I lived here.”