How can Darin Chestnut even think he was authorized to remove my fence

Chestnut wrote in his Mediation Brief:

"In August 2017, at a meeting with proper notice to its members, the HOA, with a quorum, voted to authorize the removal of the fence.  The Chestnuts believed that the HOA and president Karl Lindor authorized the Chestnuts to remove the fence.  The fence was removed in September 2017"  See bottom of Page 3 of Chestnut's Mediation Brief below.

But in a Responsive document dated March 30, 2018, Chestnut was asked to "Admit that you tore down, or caused to be torn down, Plaintiff's property line fence...in or arund August of 2017"

Chestnut's answer was "Deny. The fence was removed at the direction of the Strandvik HOA, which voted to remove the fence at its annual meeting."

And look at this email from Karl to Chestnut on Aug18 2017 after the fence was removed.  But Chestnut states in his Mediation Brief "The fence was removed in September 2017"  Get your facts, or the truth, straight.


Which is true Darin?  Your statement in the March 30, 2018 Request for Admissions or the Nov28, 2018 Mediation Brief?????  You need to remember your prior statements.  Nice try Darin Chestnut.

The August 2017 HOA Annual Meeting Minutes appended below show:

"Karl recommended we remove the fence due to fence blocks use of easement for access to the Chestnuts backyard.  Darren Smart motioned and Dave Martin seconded the motion to have the fence removed.  It was unamiously passed to have the fence removed.  Cost, timeline and method for removal was NOT discussed."

So how did Chestnut arrive at the conclusion that he was authorized the Karl to remove the fence?  The HOA Board needs to authorize an action not an individual officer.

Chestnut is trying to dodge the Class B felony bullet.



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