It's easy to get caught up in emtion, or distracted by covid. I was asking how or why a homeowner would participate at all in an investigation against them. Civil law lacking 5th ammendment protection, and the preponderance of evidence are the most useful bits of answer I see

@CharlesE.Grant I wish we had an attorney on tap. But all too often, any hint at spending any money for anything gets immediatley squashed by the boardmember acting as treasurer

She's also by far the most virulent, nosy, bossy tyrant in the neighborhood, with whom I most often disagree

And it's become clear to me over the years that the only way this creature can satiate her blood lust for causing human misery is by immediately contradicting anything I say, while refusing to cite any source other than her own word.

@BillyC. does she have the support of the other board members in this? The board has to agree to the fine. Can't you just vote it down?

it's hard to say. the other three are very quiet

I doubt it will get a majority of us to agree to fine

if it was my car cover and I heard someone was whining to the board about it being too ugly, I'd want to get out some florescent spray-paint and write MYOB on it or 'fuck <whiner's name here>. Then ask the whiner if they want to buy me a prettier cover!'

I don't know who the whiner is. they brought the complaint to one of the quieter boardmembers, presumably asking to remain anonymous

I'm the only one who actually reads the bylaws. The demon-mistress frequently just makes shit up like X shouldn't be allowed, we shouldn't tollerate Y. with essentialy zero consideration for what is written in the bylaws.

She sees her role, and the HOA's role as 'parents' and 'sometimes the kids need mommy to give them a spanking'. Her words. I see our role as executors of the written bylaws. with discretionary authority only where the bylaws are ambiguous, or where we are granted artistic liberty by them explicitly. (e.g. the Architectural Committee having veto power over changes to landscaping)

@BillyC. I'd say go for it then: move for a vote on the fine. If she is challenged on enough issues and looses enough votes, she may resign in frustration. However, i have very mixed feelings about your last comments in this thread. If you live in housing with a HOA you have signed a contract that you will abide by the rules of the HOA.

the rules do not stipulate that an hoa board will be our parents

we're bound by a contract. (We didn't sign it) but it is on file with the county as a title restriction, and so all owners are bound by it. (signature is immaterial)

The rules typically consist non only of the bylaws, but also rules properly passed by the board. If one one your fellow residents feels that someone has violated the rules of the HOA they have a perfect right to bring it to the board. They are not "whiners". If you disagree that other residents in the HOA should have a say in what the rules of the HOA are, then you shouldn't be living in a setting with an HOA.

We've never passed rules outside of bylaws or ammending the bylaws

The whiner didn't ask is to make a rule against car covers. They said Bob Jones' car cover at 123 perry ave is ugly, can you make it go away?

In that case you really DO need to consult with a lawyer. The law typically gives the board an amazing amount of power, but it does require that rules be published and available.

she convinced everyone we couldn't afford $10/mo for a business banking account

talking about hiring an attorney will cause bricks to literally be shat

(Shrug) bring it to a vote and move on. If the vote goes against you, convince folks who agree with you to run for the board and replace the recalcitrant members.