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SEND IN THE CLOWNS

When I first heard about the special meeting called for the sole purpose of getting into the HOA members' wallets and discussing topics which the litigants had already agreed were concluded, I mused with Lynn at what a circus this matter has become and how there might be some way to put a "face" on it to highlight the absurdity of it all. The more I thought, the funnier I thought it would be to dress-up in a clown outfit and attend the special meeting. As the thought process evolved, however, I realized that I am not a clown (nor have I acted like one), so the best way to work the circus concept into the equation would be to hire a clown to juggle, make balloon animals and greet the HOA members as they arrived at the special meeting. I kicked the idea around with my family members and colleagues, and while a number of us thought it quite appropriate -- one even suggested I sit in a dunking booth outside of Chattahoochee after the meeting where angry HOA members could try dunk me by throwing gravel from our temporary driveway at the target -- in the end, in the end, I did not want to do anything that would undermine the seriousness of this matter for all involved.

Please understand that this litigation has progressed over a year of our lives and has come with a cost, even though I have not had to "stroke a check" to an attorney for my defense. When you are forced to incur substantial costs to vindicate yourself, it is only human to want to lash out at those who have caused you that unnecessary trouble and expense. When this HOA Board first moved against me, I believed it had no moral authority to do so and that the actions of the HOA Board were contrary to the duties of the officers and directors to the HOA and totally inappropriate based on the facts. When I found out through the course of exercising my inspection rights as a member and my discovery rights as a litigant that this HOA Board had no actual authority over me, I felt it was okay to go for the jugular, since that is exactly what it deserved and what any good attorney would have done. While that strategy deprived me of the right to resolve this matter on the merits, it allowed me to save some additional trouble and attorney's fees and expenses I would not have been able to recover anyway.

I still feel the current Board members have no business serving our HOA and should step down, and that has been a consistent theme of mine throughout this process. The current Board gets to make decisions for all of us in accordance with the articles of incorporation and bylaws of the HOA and the terms and conditions of the Declarations of Covenants and Restrictions applicable to High Gables until such time as its individual members are removed. While I have no respect for the individual members of the HOA Board and the way they have wielded their authority and made their decisions, I do have respect for the institution itself and will not degrade it by hiring a clown.

Those of you who know me well understand that the decision has required some restraint on my part, but I really am interested in taking the high road and solving the real problems that exist in our neighborhood. My staff will be relieved to know that they can call off the search for a clown on Monday, and I at least got some enjoyment out of the thought for a day or so. I look forward to addressing the members at the special meeting.

High Gables Main