Free YouTube Transcribe

Video transcript

HOA Cut Down My Windmill—Then the Utility Company Asked Why the Pumps Stopped.

HOA Elite Stories · 7,875 words · 36 min read

Want to search this transcript, jump the video from any line, or download it as TXT, SRT, or VTT?

Open in the transcript tool

Full transcript

0:00That morning, I stood at my fence and

0:02looked at the windmill. My family had

0:05kept turning for almost 80 years, lying

0:07broken in the middle of my pasture.

0:10>> Vanessa Wickham stood on the other side

0:12with her arms folded like she had done

0:15the whole neighborhood a favor. She told

0:17me the association had removed a hazard

0:20because I was too stubborn to take it

0:22down myself. I did not argue. I looked

0:25at the drive shaft cut clean in two and

0:28asked her one question. Did she know

0:30what it ran? Vanessa laughed at me. 2

0:33hours later, her phone started ringing

0:35and never stopped. If you enjoy watching

0:38a homeowner's association walk straight

0:41into its own trouble, hit subscribe and

0:44stay with me until Vanessa learns

0:46exactly what she broke. My name is

0:48Darius Boon. I am 48 years old and I

0:52live on 9 acres of what used to be a 200

0:55acre farm. My grandfather bought that

0:57land in the 1940s when nobody wanted it

1:01and the county called it scrub. My

1:04father worked it after him and by the

1:06time it came to me, most of it had been

1:08sold off in pieces to pay for things

1:10families pay for, hospital bills and

1:13school and a roof that would not stop

1:15leaking. What was left is called Boone

1:18Acre on every county map, and it sits on

1:21a low rise of ground with a creek at the

1:23bottom and a stand of black walnut along

1:26the north line. From my porch, I can see

1:28300 ft of split rail fence, a pump house

1:32with a tin roof, and the hill where the

1:34windmill stood. On the other side of

1:36that fence sits Red Willow Estates, 600

1:40homes with stone entry columns and a

1:42gate house nobody actually staffs. They

1:45came in about 20 years ago, took the old

1:48Howeran tract and built until they ran

1:50out of room and the room ran out right

1:53at my property line. Some of those

1:55houses cost more than my whole family

1:58has earned in three generations. There

2:00is a house behind me with a fourcar

2:03garage and a fountain in the front yard.

2:05And the man who lives there waves at me

2:07every morning and I wave back and that

2:10is the whole relationship and it works

2:13fine. Most of my neighbors are like

2:15that. They are busy people with jobs and

2:18kids and no particular opinion about my

2:21fence line. The windmill sat on the rise

2:24about 400 ft behind the house. It was a

2:27galvanized steel tower 26 ft to the

2:30platform with a 16 ft wheel and a tail

2:33vein. My grandfather painted white every

2:36few years until his hands stopped

2:38letting him climb. My father repainted

2:40it after that. I repainted it the summer

2:43I turned 30. The tower had been rebuilt

2:46twice. The gearbox rebuilt three times

2:49and the wheel had new sails put on it in

2:52the late 1980s when a hailtorm chewed

2:54the old ones to lace. It was not a

2:57decoration.

2:59It was a machine and it worked and it

3:01worked every single day. And that is the

3:04part Vanessa Whitam never once thought

3:06to ask about. Under the windmill, a

3:09vertical rod ran down inside the tower

3:12to a gear head. And from there, a shaft

3:14assembly carried motion into a low

3:17concrete pump house set into the side of

3:19the hill. Inside that pump house, there

3:22were pressure gauges, a control cabinet

3:24older than I am, a small auxiliary

3:27generator that the mill turned when the

3:29wind was steady, and a set of valves

3:31that fed a transfer line running north

3:33under the tree line. My father

3:35maintained all of it. I maintain it now.

3:39There is a log book on a nail by the

3:41door with entries going back to 1962 in

3:45three different handwritings and mine is

3:48the sloppiest of the three. The letters

3:50started about 4 years ago. The first one

3:54was polite in that way where the

3:56politeness is the threat. It said the

3:58Red Willow Estates Homeowners

4:00Association had received concerns

4:02regarding a structure visible from

4:04several properties and it requested that

4:07I contact the board at my earliest

4:09convenience. I called, got a voicemail,

4:12left a message that my land was not part

4:15of the association and never had been

4:18and did not hear back for 6 months. Then

4:21the second letter came and it was less

4:23polite and it used the phrase

4:26aesthetically inconsistent with

4:28community standards which I read twice

4:31because I could not believe somebody had

4:33typed it about a water pump. Vanessa

4:36Witkim became president of the board

4:38about 3 years in and the letters changed

4:41tone the week she took over. They got

4:43shorter and colder and they started

4:45arriving certified. She had a way of

4:48writing that made it sound like the

4:50outcome was already decided and I was

4:53just being informed of the schedule. I

4:55looked her up once, not out of any real

4:58curiosity, just because I like knowing

5:01who I am dealing with. 44 years old,

5:05moved from out of state, sold high-end

5:07real estate before she stopped working.

5:103,000 square ft of house and a garden

5:12that gets professionally rotated every

5:14season.

5:16She was not a villain in a movie. She

5:19was a woman who had decided what kind of

5:21place she lived in and could not stand a

5:23single thing that disagreed with the

5:25picture. We met face to face for the

5:28first time on a Tuesday in April. She

5:31parked her car on the shoulder and

5:33walked up to my fence in shoes that were

5:35never going to survive my driveway. And

5:38she called out to me while I was

5:40clearing a clogged screen on the intake.

5:43I came down the hill wiping my hands on

5:45a rag and she looked at the rag and she

5:48looked at my boots and I watched her

5:50make about nine decisions about me

5:52before I got within 10 ft of her. That

5:55is not something you imagine. When you

5:57have lived my life, you learn to see it

6:00landing. She was pleasant for about 40

6:03seconds. She told me she wanted to

6:06introduce herself personally, that she

6:09believed in neighbors talking directly,

6:12that she hoped we could resolve the

6:14matter of the tower without anything

6:16unpleasant. Then she said the thing I

6:18have thought about probably a hundred

6:20times since. She said I could live like

6:23a farmer if I wanted to. That was my

6:26choice and my right, but that 600 other

6:28families should not have to look at it.

6:31She said it in a warm voice, the way you

6:34would tell somebody. Their shirt was

6:36untucked. And she smiled the whole time.

6:39I told her the land was mine, the tower

6:42was mine, and the tower stayed. She

6:45asked what I even used it for, and I

6:47said it runs equipment. She said she

6:50understood, and I could tell she did not

6:52hear a word of it. Then she said she

6:54knew upkeep on old property was

6:56expensive and that the association had a

6:59fund for improvements in adjacent

7:01parcels when those improvements

7:03benefited the community appearance. And

7:05if cost was the obstacle, she was sure

7:08something could be arranged. She was

7:10offering to pay me to tear it down. She

7:13thought I was poor and stubborn and that

7:16the second one was just a symptom of the

7:18first. I said no thank you and went back

7:21up the hill. behind me," she said in a

7:25voice she wanted me to hear that she

7:27would see what the board thought. I

7:30remember standing at the gear head,

7:31listening to the wheel come around in a

7:33light east wind, feeling the shaft take

7:36up the load the way it had a 100,000

7:39times before. She had stood 10 ft from a

7:42warning sign bolted to my fence post and

7:44had not read one word of it. She never

7:47asked why a man with an old truck and a

7:49leaking roof kept a piece of 1940s

7:52machinery greased, painted and logged

7:55every 14 days like clockwork.

7:58She never asked and I never explained

8:01and I have made my peace with the fact

8:03that I could have and did not. The board

8:06meeting happened in May in the clubhouse

8:09and I was not invited to it. But a woman

8:11named Denise who lives on the Cull Desac

8:14nearest my fence told me everything

8:16within a day because she thought the

8:18whole business was ridiculous. Vanessa

8:21presented the tower as a community

8:23hazard. She had photographs taken with a

8:26long lens from the walking trail angled

8:29up so the tower looked like it was

8:31leaning over the rooftops. She used the

8:34phrase catastrophic failure event twice.

8:37She said the association had a duty to

8:40protect residents from foreseeable

8:42dangers on adjacent land and that duty

8:45did not stop at a property line drawn on

8:47a map in 1946.

8:50To their credit, several residents

8:52pushed back on the spot. A retired

8:54attorney named Paul Ostrander stood up

8:57and said the association had no

8:59jurisdiction over a parcel that was not

9:02part of the plant and that acting on it

9:04would expose every homeowner in the room

9:06to liability. Denise said the room went

9:09quiet and Vanessa did not blink. She

9:12said she was not proposing action on my

9:14land. She was proposing an assessment of

9:17risk to the community's infrastructure

9:19corridor because the maintenance

9:21easement for the northern utility run

9:24passes behind the last row of houses and

9:27the tower sits near it. That was the

9:30door she found. She could not touch my

9:32land, so she talked about a corridor.

9:35That distinction is thin enough to see

9:37through, but it was enough to get a vote

9:40for an inspection. And that is how I met

9:42Caleb Finch. He runs the association's

9:46maintenance crew, a man in his 30s with

9:49a company truck and a clipboard and the

9:51specific tired expression of somebody

9:53who takes orders he does not agree with.

9:56He came to the fence on a Thursday and

9:59he did the thing I respect, which is he

10:01stopped at the fence and called out

10:03instead of walking onto my ground. I

10:06waved him through. Caleb told me

10:09straight what he had been asked to do.

10:11photograph the tower from outside my

10:14line, note structural condition, and

10:17estimate what removal would involve. He

10:20said he was telling me because he did

10:22not like being used as somebody's

10:24crowbar. I appreciated that, and I told

10:27him if he wanted to see it properly, he

10:29could walk up with me because a

10:31photograph from 400 ft away was going to

10:33tell him nothing true. We walked up the

10:36rise together. I showed him the tower

10:39legs and the anchor bolts, which I had

10:41replaced 11 years ago, and the guy wires

10:44that were tighter than most guy wires he

10:46would ever check. I showed him the gear

10:49head with fresh grease on the fitting.

10:51Then I walked him around the base of the

10:53hill to the pump house door, and I let

10:56him stand there and read the two signs

10:58bolted to the frame. The old one is

11:00enamel and rusted at the corners and

11:02says private utility equipment off

11:05forged access only. The new one, which I

11:09put up 9 years ago, says the same thing

11:12with the cooperative's contact number

11:14under it. Caleb stopped talking. He

11:17looked at the door, then up the hill at

11:19the tower, then back at the door, and I

11:22watched him do the arithmetic. He asked

11:24if the mill was tied to the pump house.

11:27I said it was. He asked if the pump

11:29house was tied to anything else. I said

11:32it was tied to a transfer well and a

11:34booster station and that both of those

11:36served things on his side of the fence.

11:39He wrote that down. He asked me to write

11:41it down, too. So, I did on the back of

11:44one of his forms and I signed it and

11:46dated it. And he said he would put it in

11:49his report. He did put it in his report.

11:52I know he did because Vanessa quoted a

11:55different part of that same report back

11:57at me 11 days later, which means she had

12:00the document in front of her. What she

12:02quoted was Caleb's line about corrosion

12:05on the lower tower section, which is a

12:08normal note about a galvanized structure

12:10that has been outdoors since Truman was

12:13president. What she skipped was the

12:15paragraph about active utility equipment

12:18on the parcel. The ultimatum came

12:20certified on a Monday, 72 hours to

12:24disable and remove the wheel assembly or

12:26the association would take whatever

12:28action it deemed necessary to protect

12:31community safety and property values. I

12:34read it standing at my mailbox in the

12:36rain. I wrote back one word on

12:38association letter head they had

12:40enclosed for my response because I

12:42thought that was funny and the word was

12:44no. I mailed it certified too. paper is

12:48patient. She came out on the second day.

12:51She parked in my driveway this time,

12:53right behind my truck and she came up

12:56the porch steps without being asked. She

12:59looked at the truck and at my boots by

13:01the door with three weeks of pasture on

13:03them and she smiled the way she did at

13:05the fence in April. She asked if I

13:08really wanted to pick a fight with an

13:10entire homeowners association over a

13:13pile of scrap metal. I told her no, I

13:16did not want to fight at all. I told her

13:18I just did not want her people touching

13:20my property. I told her one more time

13:23plainly standing on my own porch that

13:26the equipment on that hill was live and

13:29that if anybody interfered with it, the

13:31consequences would not land on me. She

13:34listened to about half of that. I could

13:36see her waiting for me to finish so she

13:38could say the thing she had driven over

13:40to say. She went down the steps and

13:43turned around at the bottom and she

13:45said, "Well, then do not blame me when

13:48the board handles it itself." Then she

13:51got in her car and backed down my

13:53driveway too fast. And a piece of my

13:56gravel went into the ditch, and I stood

13:58on the porch and watched her tail lights

14:00and knew the way you know weather is

14:02coming that she was going to do it. I

14:05left the house at 5:40 on Thursday

14:08morning to drive to a supply yard two

14:10counties over for a replacement seal and

14:13a length of shafting I had been waiting

14:15on for a month. It was a 4-hour round

14:19trip with the pickup longer with the

14:21stop. And I remember thinking on the way

14:23out that the wind was good and the mill

14:26was turning nice and steady in the dark.

14:29I fed the dog, checked the gauge through

14:31the pump house window with a flashlight,

14:33and locked the gate behind me the way I

14:36always do. The gate has a chain and a

14:39padlock and a sign on it. And every

14:41single one of those three things was

14:43ignored before noon. I got back a little

14:47after 11:00. I saw the trucks before I

14:49saw the hill. There was a flatbed parked

14:52in my pasture with the ruts to prove how

14:54it got there. a small crane with its

14:57outriggers down in my grass, a cutting

14:59rig, and five men in high visibility

15:02vests, standing around drinking coffee

15:05like it was any other job site. The gate

15:07chain was on the ground with a fresh,

15:09bright cut through one link. My dog was

15:12shut in the barn, which somebody had at

15:14least been decent enough to do. The

15:16windmill was down. That is a sentence I

15:19have said out loud maybe six times, and

15:22it still does not sound like a thing

15:24that happened. The tower had been cut

15:27through at the second brace and folded

15:29over, and the wheel was lying in the

15:31pasture on its side, with the sails bent

15:34under their own weight, and the tail

15:36vein my grandfather painted was snapped

15:38off and sitting in the mud. The gear

15:41head had been cut free.

15:43The drive shaft that carried motion down

15:46the hill into the pump house had been

15:48severed in two places, and the coupling

15:51was in a bucket with a bunch of other

15:53pieces somebody had decided were scrap.

15:56Vanessa was standing at the edge of it

15:58in a coat with the contractor beside her

16:01holding a tablet. She saw me park and

16:04she came toward me and she was not

16:06nervous even a little. She told me the

16:09association had acted under an emergency

16:11safety provision, that the structure had

16:14been documented as deteriorated,

16:16that the crew had been instructed to

16:18remain outside the residential setback.

16:21Whatever she thought that meant on land,

16:24she had no setback in. She said a copy

16:26of the board's resolution would be

16:29delivered to me. I want to be honest

16:31about what happened next because I know

16:33what people expect. I did not yell. I

16:36did not get in anybody's face. I did not

16:39throw a punch or make a threat or say

16:41one word I would have to explain later

16:44to a judge. There is a version of me

16:46that wanted to and he was very loud

16:48inside my head for about 10 seconds and

16:51then he sat down because I have been in

16:54this country for 48 years as a black man

16:57on land people keep deciding should be

16:59somebody else's and I know exactly how

17:02fast the story changes if I raise my

17:04voice. So, I took out my phone. I walked

17:07the whole site and photographed every

17:09license plate on every vehicle, the

17:12flatbed, the crane, the two pickups, and

17:15the contractor's box truck. I

17:17photographed the cut on the gate chain

17:19and the cut on the tower and the two

17:21cuts on the drive shaft. I photographed

17:24the ruts in my pasture and the crushed

17:27section of my fence where the crane came

17:29through. I photographed every man

17:32standing there and the tablet in the

17:34contractor's hand and Vanessa and the

17:37pump house door and both signs on the

17:39pump house door with the timestamp

17:41running. Nobody stopped me. One of the

17:45crew asked the contractor if they were

17:47good and the contractor looked at

17:49Vanessa and Vanessa said, "We are

17:52finished here." And that was when she

17:54made her mistake worse. She looked

17:56around at the hill with the tower gone

17:58and the sky open over it, and she said

18:01with actual satisfaction that this place

18:04was finally starting to look civilized.

18:07I did not answer her. I went to the pump

18:09house and unlocked it. The pressure

18:12gauge on the primary line had already

18:14fallen from 62 to 41. The auxiliary

18:17input light on the old control cabinet,

18:20which is amber when the mill is turning

18:22and green when the electric side is

18:24carrying alone, was red. Red means the

18:28controller lost its reference and is

18:30running blind on a backup that has a

18:32very short life in it. I have seen that

18:34light red exactly twice in my life. Once

18:37during an ice storm in 2009, and once

18:40right then. I came out and stood in the

18:43doorway. Vanessa was walking back toward

18:46her car with the contractor. I said her

18:49name and she turned around and I asked

18:51her if she had any idea what she had

18:54just disconnected. She laughed. Not a

18:56cruel laugh, that is the thing. It was

18:59easy and genuine and a little tired. The

19:02laugh of a woman who has been dealing

19:03with an unreasonable person all spring

19:06and is glad it is finally over. She

19:08said, "A windmill, Darius?" I

19:10disconnected a windmill. I looked at her

19:13for a second longer. Then I said, "All

19:16right." And I went back inside and

19:18closed the door, and I did not say

19:20another word to her. That day, I called

19:23the cooperatives operations line at

19:2611:51 in the morning, and I gave them

19:29the site number off the cabinet, and the

19:31dispatcher's voice changed halfway

19:33through my second sentence, and she

19:35asked me to hold. I heard her talking to

19:38somebody with her hand over the phone.

19:41Then she came back and said a crew was

19:43leaving now. The first thing to go was

19:45the irrigation on the common greens. Red

19:48Willow keeps about 11 acres of common

19:51landscaping, two entry gardens, a

19:54walking trail with beds along it, and

19:56three ornamental ponds that the sales

19:58brochures called water features. All of

20:01that runs off a pressurized loop fed

20:04from the north side. A little after 1:00

20:06in the afternoon, the heads on the south

20:08green came up, ran for 90 seconds at

20:11half throw and dropped. The sprinkler

20:14contractor got a call about it before 2.

20:17The ponds went next in the slow way

20:19ponds go. They are not natural. They are

20:22lined basins that lose water to

20:24evaporation and seepage every hour of

20:27every day. And they are topped up

20:29automatically from the same transfer

20:31line. And when the top up stops, nobody

20:34notices for a while, and then everybody

20:37notices at once. By late afternoon, the

20:40north pond had dropped enough to show

20:41the pale ring on the liner, and the air

20:44raator on the middle pond was pulling

20:46air and making a sound like a chainsaw

20:48drowning. Then the booster station on

20:51the north edge through a fault. That one

20:54matters. A booster station is not a

20:56luxury item. It is the thing that holds

20:59pressure at the far end of a

21:00distribution run. And when it loses its

21:03supply reference, it does not politely

21:05slow down. It works harder, heats up,

21:08and then shuts itself off to protect the

21:10motor. It faulted, restarted, faulted

21:13again, and locked out. 20 minutes later,

21:16a second set of transfer pumps north of

21:18the treeine dropped into protection mode

21:21for the same reason. One after the

21:23other, like dominoes lying down. The

21:26association office started getting calls

21:29around 3. Denise told me later that the

21:32phone rang so steadily. The office

21:35manager stopped answering and let it

21:37fill the machine. Brown patches on a

21:39lawn somebody pays $200 a month to keep

21:42green. A dead irrigation zone in front

21:45of a house that was listing that

21:47weekend. A pond smell. A neighbor asking

21:50why the pressure in his outdoor spigot

21:52had gone soft. Vanessa's position for

21:55the first several hours was that all of

21:58it was coincidence and that the utility

22:01cooperative needed to come fix its

22:03equipment immediately. Here is what she

22:06did not understand and what almost

22:08nobody in that neighborhood understood

22:11because it happened before their houses

22:13existed. When the developer platted Red

22:16Willow Estates in the early 2000s, they

22:19did not have the rights to draw directly

22:21from the old transfer well. That well

22:24and its associated works had been

22:26permitted and built decades earlier, and

22:29the permit ran with the land, and the

22:32land was my father's.

22:34Rather than fight a permit battle that

22:36would have cost them two building

22:37seasons, the developer sat down with my

22:40father and signed an agreement to use

22:42the existing infrastructure. The

22:45windmill never fed water into a single

22:47house in Red Willow. That is the part

22:49people get wrong when I tell it. It fed

22:52a system. The mill drove a mechanical

22:55pump that maintained flow through the

22:57transfer well, which kept the well

22:59column and the storage stable. and it

23:01turned a small auxiliary generator that

23:04supplied the old controller with its

23:06reference power and kept a set of pilot

23:08valves in position. Steady low input

23:11continuously day and night for as long

23:14as the wind blew and this county has

23:17wind. Without it, the transfer well

23:20stopped being maintained. The storage

23:22side started drawing down. The

23:24controller lost its reference and began

23:27sending the electric pumps bad

23:29instructions. And the electric pumps

23:31tried to make up the difference the only

23:34way they know how, which is by running

23:36flat out against a supply that was not

23:39there. Every one of them has thermal and

23:41dryr run protection built in, and every

23:44one of them used it. The system did not

23:47fail because the windmill was the only

23:49thing holding it up. It failed because

23:52the windmill was the thing keeping

23:54everything else honest. I knew all of

23:57this because my father ran that system

23:59for 26 years before there was a single

24:02house on the other side of my fence and

24:05because I have run it since. I know

24:07which valve sticks in cold weather. I

24:10know the controller cabinet has a relay

24:12that has to be tapped with a screwdriver

24:15handle twice a year. I know the log book

24:18by heart. And the most important thing I

24:20knew, standing in my pasture that

24:22afternoon, looking at 80 years of my

24:25family's work lying in the grass, was

24:28the plain shape of the arrangement. The

24:31association has the benefit of that

24:33water and that infrastructure. The

24:35association does not own one bolt of the

24:37equipment sitting on my land. It never

24:41did. Vanessa had spent three years

24:43telling people I was a nuisance living

24:45next to her community and she had just

24:48cut through the thing her community was

24:50quietly standing on. Two trucks from the

24:53Hawthorne County Utility Cooperative

24:56came up my drive at 20 2 and the man who

24:59got out of the lead truck was Graham

25:01Keen, an operations engineer I had

25:04spoken to on the phone maybe a dozen

25:06times over the years but never met in

25:08person. He is a big slow-moving man with

25:12reading glasses pushed up on his head

25:14and he got about six steps toward me

25:16before he saw the hill and stopped

25:18walking entirely. He stood there with

25:21his hands at his sides looking at the

25:23tower folded over in the grass and the

25:26cut ends of the drive shaft shining raw

25:28in the sun. Vanessa had not left. Her

25:32contractor was loading the last of the

25:34cutting rig and she had stayed to

25:36supervise and she came over expecting, I

25:39think, to be thanked for reporting a

25:40problem. Graham's first words were not

25:43to me. He looked past me at her at the

25:46coat and the folder under her arm, and

25:48he said, "Who authorized this?" She

25:51answered him with complete confidence.

25:54She said the Red Willow Estates Board

25:56had voted to remove a deteriorated

25:59structure that posed a safety risk, that

26:02the work had been performed by a

26:04licensed contractor, and that if the

26:06cooperative had concerns about

26:08scheduling, it should have communicated

26:10them. She actually said scheduling.

26:13Graham took his glasses off his head and

26:16held them for a second like he was

26:18deciding what to do with his hands. He

26:20asked her if she was aware that booster

26:22station B7 had lost auxiliary input. She

26:26did not answer. I do not think she knew

26:29what a booster station was, and I do not

26:31hold that against her. Plenty of people

26:34do not. But she had spent 3 years

26:36signing letters about equipment she had

26:38never once asked a question about.

26:41Graham did not wait for her. He asked me

26:44for the key and I gave it to him and he

26:46went into the pump house. He was in

26:48there 11 minutes through the door. I

26:51could hear him on the radio reading

26:53numbers off the cabinet and then on his

26:56phone with the operations center, and

26:58his voice got flatter and quieter the

27:01longer he talked, which I have learned

27:03is what serious sounds like in a man who

27:06does that work. When he came out, he

27:08told me two more pump groups had gone to

27:11protection since he arrived, that the

27:13transfer well was down almost 4 feet on

27:16the sounding, and that he was going to

27:18have to call in a temporary supply

27:21arrangement before the evening demand

27:23curve hit. Then he asked me carefully

27:26exactly what had happened. Not what I

27:29thought had happened, what happened. I

27:31told him I left at 5:40, came back at

27:3411:00, and found it like this. I pointed

27:37at Vanessa and said she sent the crew.

27:40She stepped in immediately. She said I

27:42had never told the association this was

27:45important, that if I had communicated

27:47properly, none of this would have

27:49occurred, that she had made repeated

27:51good faith efforts to work with me. I

27:54have thought since about how fast she

27:56moved from this is my decision to nobody

27:59told me, and how she did not seem to

28:01notice she had done it. I did not raise

28:04my voice. I walked 8 ft to the pump

28:07house door and put my hand flat on the

28:09enamel sign that has been bolted there

28:12since before I was born. Private utility

28:14equipment, authorized access only. I

28:18held it there long enough for everybody

28:20standing in that pasture to read it.

28:22Then I went to my truck, took the

28:24accordion folder out from behind the

28:26seat, and pulled out the copy of my

28:28response to the association's second

28:30notice, dated 2 years and 4 months

28:33earlier. I read the sentence out loud.

28:36The windmill and pump assembly are

28:38active utility infrastructure. Do not

28:41enter or alter the equipment. Then I

28:44turned the page and showed Graham the

28:46certified mail receipt stapled behind

28:48it. Signed for at the association

28:50office. And I showed him the same

28:52sentence again in my reply to the

28:54ultimatum sent 11 days ago, also

28:57certified. Also signed for. Vanessa said

29:01quietly that she had believed I was

29:03exaggerating to make them go away.

29:06Graham looked at her for a long moment

29:08and then went back to his phone without

29:10answering, which was, I think, the most

29:13devastating thing anybody did to her

29:16that entire day. You would think that

29:18would be the end of the argument. It was

29:21not. By Friday morning, Vanessa had

29:23found a new position, and it was the

29:26boldest one she ever took. If the

29:28equipment on my land served Red Willow

29:31Estates, then Red Willow Estates had an

29:34interest in it, and an interest meant a

29:36right to act. She put that in writing to

29:39the cooperative and copied the board,

29:41and she used the word stewardship. And I

29:43read it twice with my coffee going cold.

29:46So, I called Lydia Shaw, a real estate

29:49attorney in the county seat, who had

29:51handled my father's estate, and who has

29:54a filing system that would embarrass a

29:56courthouse.

29:58She came out Saturday morning with a

30:00document box and spread the whole

30:01history across my kitchen table and for

30:04two hours we went through it page by

30:06page in order and I watched the shape of

30:09the thing become undeniable. The

30:12developer of Red Willow Estates never

30:14held the water rights they needed. They

30:17applied and the application would have

30:19taken years and the well they wanted to

30:22tie into had been permitted to my

30:25grandfather and rebuilt under my

30:27father's name. So in 2003 they signed an

30:30agreement with my father in exchange for

30:33an aotment of flow from the transfer

30:35well. They took on a portion of the

30:37annual maintenance cost and accepted a

30:40defined and limited easement. What Boone

30:43Acre kept in that agreement and in every

30:46recorded document since is everything

30:48that matters. The well station, the

30:51windmill and its tower, the pump house

30:53and its contents, the transfer

30:55equipment, the controller, the valves,

30:57the maintenance corridor along my north

30:59line. All of it named item by item on my

31:03parcel in my family's name. What Red

31:06Willow received is one thing. The right

31:09to receive water and the right of a

31:11utility crew to enter for routine

31:13maintenance with notice. Not the right

31:16to modify. Not the right to inspect on

31:18its own initiative. Not the right to

31:20remove, alter, disable, or improve one

31:24single component. Lydia read that clause

31:27out loud to me twice and then said in

31:29her flat courtroom voice that in 22

31:32years of practice, she had rarely seen a

31:34party so thoroughly outside its own

31:36authority. There was a second thing in

31:38the file that I had known about and

31:41never used. My father, when he signed,

31:44insisted on a provision requiring

31:46written consent from the landowner for

31:49any construction, reconstruction, or

31:52structural work on the covered

31:53equipment.

31:55Lydia asked why he had pushed for that.

31:57I told her the truth, which is that my

32:00father did not trust a company that had

32:02spent 6 months trying to convince him he

32:05was too old to understand his own. Well,

32:07for 3 years, Vanessa had told her

32:09neighbors a story about me. I heard it

32:12secondhand more than once, that I was

32:15fortunate the association tolerated a

32:17parcel like mine at the edge of a

32:19community like theirs. That people like

32:22me were the reason values in the western

32:24section lagged. That she was being

32:27generous by offering to help me clean

32:29the place up. The truth was the exact

32:32reverse, and it had been sitting in the

32:34county recorder's office the whole time,

32:37public, indexed, and free to look at.

32:40Her clubhouse, her ponds, her entry

32:43gardens, and the green lawns she used to

32:45measure other people's worth were all

32:47standing on an arrangement that ran

32:49through my family's land and my family's

32:52machine. She came out one more time

32:54before the county got involved. And she

32:57tried to talk to me about a solution. I

33:00stopped her at the fence, which I had

33:03never done to anybody before. I told her

33:05she could keep calling me an outsider if

33:08that helped her sleep, but she had never

33:10once bothered to read what her

33:12neighborhood was standing next to. Nolan

33:15Pierce came out the following Tuesday.

33:18He is the county's infrastructure

33:19inspector, a narrow man in his 60s with

33:23a metal clipboard and no small talk in

33:25him at all. And he made it clear inside

33:28of 2 minutes that he did not care about

33:30anybody's opinion of anybody's

33:32landscaping.

33:33What he cared about was that an entity

33:36with no authority had cut into permitted

33:39operating water infrastructure and taken

33:41a county service area down to an

33:43emergency posture. He walked the site

33:46for an hour and a half. He measured the

33:49cuts. He photographed the severed shaft,

33:51the gate chain, the crushed fence

33:53section, and both signs on the pump

33:56house door. He read the log book cover

33:58to cover standing up, licking his thumb

34:01to turn the pages. And when he got to my

34:03last entry 12 days before the cutting,

34:06he made a small mark in his own notes.

34:09Then he asked me for every document I

34:11had and I gave him the folder and he

34:13gave me a receipt for it. After that, he

34:16went to the association office and

34:18requested the rest. Board minutes for

34:21every meeting where the tower was

34:23discussed, the resolution authorizing

34:25the removal, the contract with the

34:28demolition contractor, and the work

34:30order. Vanessa's correspondence sent and

34:33received the inspection report,

34:36insurance filings, and every notice the

34:39association had received from me, which

34:41was the request that made the office

34:43manager go very quiet. Caleb Finch

34:46called me the day after that, and I

34:48could hear it in his voice before he

34:50said anything. He had been interviewed.

34:53He told Nolan the truth, which was that

34:55he had personally stood at that pump

34:57house door, read the utility signage,

35:01written it into his report, and told

35:03Vanessa directly in the hallway that in

35:06his opinion, the crew should not touch

35:08the assembly until somebody from the

35:11cooperative signed off on it. He said

35:13she told him the board had already made

35:15a determination and his job was

35:17execution, not analysis. He asked me if

35:21I was going to come after him. I told

35:23him no. He had warned me. He had

35:26documented it. He had said it out loud

35:29to the one person who could have stopped

35:31it. He was a man with a mortgage taking

35:33orders from the woman who controlled his

35:36contract. And he made the choice a lot

35:38of people make. And he is the reason

35:40there is a written record from inside

35:42the association proving Vanessa knew

35:45because that is what all of it came down

35:48to in the end. She was not a criminal

35:50mastermind, and I have never once

35:52described her that way. She was a woman

35:55who genuinely believed that being

35:57president of a homeowners association

35:59meant her judgment outranked a property

36:02line, a permit, a state agency, and 80

36:05years of somebody else's work. She did

36:08not check because checking was for

36:10people who might be wrong. Meanwhile,

36:13the cooperative was spending money by

36:15the hour. Graham had trucked in a

36:17portable pumping arrangement, rented

36:20generators, and set up a temporary

36:22tie-in with a crew running 12-hour

36:24shifts to hold pressure through the

36:26evening peaks. It worked. The homes

36:30never lost service, which I want to be

36:32clear about because none of those

36:34families did anything to me, and I would

36:37not have wanted them to. But Graham told

36:39the county what he had already told me.

36:42Temporary means temporary. The rental

36:45equipment was costing well over $4,000 a

36:48day with the crew time on top. The

36:50tie-in was not permitted for long-term

36:52operation, and the transfer well could

36:55not be held stable through a dry August

36:58on rented pumps. The only real fix was

37:01to restore the assembly on Boone Acre,

37:03rebuild the tower, remanufacture the

37:06drivetrain, and bring the controller

37:08back onto its proper reference. Nolan

37:11asked the question everybody in that

37:13pasture had been circling for a week.

37:16Who pays for that? He looked at his

37:18clipboard while he said it, and he

37:20already knew, and so did Lydia, and so

37:23did I. The party that destroyed

37:25permitted operating infrastructure,

37:27overwritten objection with documented

37:30knowledge of what it was, pays for

37:32putting it back. The emergency meeting

37:35filled the clubhouse. People stood along

37:38the back wall and out into the hallway.

37:40And I know the fire code number for that

37:42room is 140 because Lydia said it under

37:46her breath when we walked in. I was

37:48invited by the board formally in

37:51writing. It was the first time I had

37:53ever been inside a building. I had been

37:55told by implication and once directly

37:58was not meant for outsiders. Vanessa

38:01opened by trying to hold the story.

38:04She said the removal had been undertaken

38:07in good faith for the benefit of

38:09residents, that the association had

38:11relied on a professional assessment and

38:14that the current service issues were a

38:16separate matter being addressed by the

38:18utility. She was composed. She had notes

38:22for about 4 minutes. It almost worked

38:25because most of that room still did not

38:27know what had actually been on my hill.

38:30Then Graham Keane stood up in the aisle

38:32and he explained it in the plainest

38:34language I have ever heard an engineer

38:37use. Nobody asked the association to

38:40remove that equipment. Nobody at the

38:43cooperative approved it, was consulted

38:45about it, or was notified before it

38:48happened. The equipment was an operating

38:50component of the water system that

38:52serves this neighborhood, and cutting it

38:55caused the chain of pump failures every

38:57person in the room had been calling the

39:00office about for 9 days. Lydia went

39:03next. She did not argue. She read dates.

39:06The date of my first written notice

39:08describing the assembly as active

39:10utility infrastructure, the certified

39:13receipt, the signature of the

39:15association office. The date of my

39:17second notice with the same sentence,

39:20the second receipt, the second

39:22signature, the date of the board

39:24resolution, the date of the work order,

39:26the date of the cutting. The room went

39:29completely silent. I have been in quiet

39:32rooms. That one had a different quality

39:35because 140 people were doing the same

39:38subtraction at the same time and

39:40arriving at the same answer. A board

39:43member named Arthur Reyes asked the

39:45question out loud. He asked Vanessa

39:48whether she had known it was operating

39:50equipment. She could have said a lot of

39:52things. What she said was that she had

39:55assumed I was exaggerating, that people

39:57in disputes exaggerate and that in her

40:00judgment the claim had been a delay

40:02tactic. Somebody in the back said

40:05something I did not catch and a woman

40:08near the front put her face in her

40:10hands. I had not planned to speak. I

40:13stood up because I wanted this one thing

40:15said in front of every person who had

40:17ever heard her version of me. I said

40:20that was the whole problem, Vanessa. She

40:23did not think I was worth believing. Not

40:25the paperwork, not the signs, not the

40:28certified letters, not the man who had

40:30maintained that system for 11 years and

40:33whose father maintained it for 26 before

40:36him. Everything else followed from that.

40:39She did not answer me. She looked at the

40:42table and I sat down and Arthur Reyes

40:45moved that the board go into session on

40:48the matter of the president's authority.

40:50And the meeting stopped being about my

40:52windmill. There was one more thing

40:54nobody had said out loud yet. And Lydia

40:57said it to me in the parking lot

40:59afterward with something close to a

41:01smile. To rebuild, the cooperative

41:04needed to bring a crane, a boring rig, a

41:07concrete truck, and a fabrication crew

41:09onto Boone Acre for roughly three weeks.

41:12The easement permitted routine

41:14maintenance access with notice. It did

41:17not permit reconstruction.

41:19My father's clause required written

41:21consent from the landowner for any

41:23structural work on the covered

41:25equipment. The only person on earth who

41:28could sign that consent was me. Vanessa

41:31had spent three years trying to force me

41:33to take that tower down. Now the

41:35association could not get its water

41:37system made whole until I gave

41:40permission to put it back up on my terms

41:43in my time. She had to come and ask and

41:45she did in an email that took her 4 days

41:48to write and read like it had been

41:50through a lawyer twice. I want to say

41:53clearly that I never considered saying

41:55no. There were 600 households on the

41:58other side of that fence and most of

42:01them had never done a thing to me and

42:03holding a water system hostage to make a

42:06point is not a thing I would be able to

42:08live with. I told Graham on the phone

42:10that same night that he could start as

42:12soon as he had crews. Then I sent Lydia

42:16my conditions and there were four and

42:18they were not revenge. One, the

42:21association pays the full cost of

42:23restoration. the temporary supply

42:25arrangement and the fence and pasture

42:27repair. Two, the property boundary is

42:31professionally reserveyed and

42:32permanently monumented at their expense

42:34so that no future board can be confused

42:37about where their authority stops.

42:39Three, no association employee, agent or

42:43contractor enters Boone Acre or

42:45approaches the equipment for any reason

42:47at any time. Four, any future work

42:51touching the assembly requires written

42:53consent from me and written sign off

42:55from the cooperative in advance with no

42:58exceptions and no emergency provision.

43:01The board accepted all four in one

43:04sitting. Their insurer had already told

43:06them what the alternative looked like.

43:09Vanessa was asked to step down as

43:12president while the board reviewed her

43:14conduct and the association's exposure.

43:17It was not dramatic. There was no

43:19shouting, a motion, a vote, a line in

43:22the minutes. And a woman who had spent 3

43:24years deciding what this place should

43:26look like walked out of a room where

43:29nobody stood up when she left. I did not

43:32celebrate. People expect that part and I

43:35never had it in me. I drove home and the

43:38next morning Graham came out with the

43:40restoration paperwork on the hood of his

43:42truck and I signed it standing in my own

43:45pasture with the wheel still lying in

43:47the grass 40 ft away. He asked if I had

43:50any instructions for the crew. I told

43:53him just put it back where it was. The

43:56rebuild took 5 weeks, two longer than

43:58anyone promised, which is about right

44:00for anything involving concrete and old

44:03machinery. They saved what could be

44:05saved. The gear head was rebuilt rather

44:08than replaced. The tail vein snapped and

44:11bent, went to a fabricator in the next

44:14county who straightened it and rewelded

44:16the mount. And I painted it myself white

44:19on a Saturday the way three generations

44:22of my family have painted that piece of

44:24steel. The tower sections and the drive

44:27shaft were new because there was nothing

44:29left of the old ones worth arguing

44:32about. They set the wheel on a Thursday

44:34in September. I stood on my porch with a

44:38cup of coffee and watched the crane

44:40bring it up into the light. And when

44:42they pulled the brake and the sails

44:44caught, it came around slow, then

44:47steady, then found its rhythm like it

44:49had never been away. Graham called me 2

44:52days later and said the transfer well

44:54was back at depth. The controller was

44:57holding its reference and every pump

45:00group in the northern run was operating

45:02normally. He said it in the flat voice

45:04engineers use for good news and then he

45:07thanked me which he did not have to do.

45:10Red Willow Estates seated a new board in

45:13the fall. Vanessa moved off the board

45:15entirely and she stopped driving the

45:17road past my fence, taking the longer

45:20way around to the gate instead. I have

45:22not spoken to her since the meeting. I

45:25do not need to. There is one detail I

45:28keep coming back to. Two years earlier,

45:30the association had drawn up a plan to

45:33plant a double row of evergreens along

45:35their western edge, specifically to

45:38screen the tower out of view. The new

45:41board looked at that plan and voted to

45:43shelve it because residents had started

45:46walking out to the trail in the evening

45:48to watch the wheel turn and somebody had

45:51called it the oldest working thing in

45:53the county. They asked if I would be

45:55interested in a small marker, maybe a

45:58plaque, maybe a spot for people to stop.

46:01I said, "No, politely, but no. It is not

46:04a monument, and I am not interested in

46:06it becoming a landmark or a story people

46:09tell about themselves. It is a machine

46:11my grandfather bolted together, that my

46:14father kept running, that I grease every

46:1614 days, and log in a book on a nail by

46:19the door." Vanessa thought that windmill

46:22was the ugliest thing her neighborhood

46:24had to look at. It turned out that what

46:27she really could not see was everything

46:30that depended on

More from HOA Elite Stories

Recently added transcripts

Browse the whole transcript library

This transcript was generated from the captions YouTube publishes for this video. Get the transcript of any YouTube video atfreeyoutubetranscribe.com, free, unlimited, no sign-up.