HOA Karen Towed My Disabled Son's Van From Our Driveway — The Lawsuit Bankrupted Her Entire Board

Chapter 12

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And here is where the story of Diane Castellano’s downfall goes from a legal victory to something closer to complete financial collapse. Because that judgment, once entered, immediately triggered exactly the scenario Renata had warned me about back in that very first meeting. The HOA’s D&O insurance carrier reviewed the court’s finding of willful, intentional discrimination and, exactly as Renata predicted, denied coverage entirely for Diane, Gordon, and Meredith individually, citing the standard intentional-acts exclusion clause buried in nearly every board-liability policy in the country. The HOA itself, as an entity, still had some limited coverage and reserve funds, but nowhere near enough to cover a judgment of that size across seven households, which meant the remaining balance became personal debt split among the three board members who had approved every fine, signed every notice, and, in Diane’s case, authored the email that sealed her own fate.

Gordon Holloway, the nervous treasurer, settled quickly and quietly, selling his boat and dipping into his retirement account to cover his portion rather than risk a drawn-out collections process. Meredith Vance, who had cried through her own deposition, negotiated a payment plan, and from what I heard through the neighborhood grapevine, resigned from every civic organization she had ever belonged to out of what I can only describe as genuine, overdue shame. Diane Castellano did not go quietly. She hired a new attorney to fight the judgment, appealed the ruling, and lost the appeal within four months, with the appellate panel specifically citing her own recorded statements as unambiguous evidence of discriminatory intent that this court will not disturb. With the appeal exhausted and the judgment now final, collections began in earnest. Her Cadillac Escalade with the BR PRESS plates got repossessed. Her house, a house, I might add, roughly twice the size of ours, with a pool she had once fined a neighbor for daring to compare her own smaller above-ground pool to, went up for a sheriff’s sale to satisfy the judgment, because Colorado, like most states, allows judgment creditors to force the sale of real property when a debtor does not otherwise satisfy a court-ordered payment. She filed for personal bankruptcy six weeks later, listing the judgment from our case as, by a significant margin, the largest debt on her filing.

I did not celebrate that news the way I thought I would. I thought, back in October with wet socks in my driveway, watching a stranger’s tow truck steal my son’s independence, that if this woman ever lost everything, I would feel something close to triumph. What I actually felt, when Renata called to tell me the bankruptcy filing had gone through, was something quieter and heavier, a kind of tired, settled relief. Not joy at her ruin. Relief that she could never do this to anyone else’s kid again.

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HOA Karen Towed My Disabled Son's Van From Our Driveway — The Lawsuit Bankrupted Her Entire Board

14 Part