"Ignorance of HOA covenants isn't a defense, Mr. Morrison," Karen said smugly. "The certified mail was attempted multiple times. Refusal to accept delivery constitutes legal acknowledgement." "I never refused any mail," I protested, pulling out my phone to show Deputy Santos my property deed and tax records.
"This ranch has been in my family for 60 years." Deputy Santos examined both sets of documents, her frown deepening. "Ma'am, according to county records, this appears to be Mr. Morrison's property legally."
"The HOA has statutory authority under Colorado law," Karen insisted. "Mr. Morrison's fence encroachment triggered our abandonment clause. He owes $47,000 in accumulated fines."
The numbers hit me like a physical blow. $47,000 for what?
All of it over a fence that had been standing since before Karen was born. Deputy Santos looked as confused as I felt. "This is clearly a civil matter. I can't arrest anyone without an arrest warrant, and I don't see evidence of any criminal activity." "Then remove him from HOA property," Karen demanded, pointing at the disputed fence line. "Ma'am, I'm standing on my own land," I said firmly.
Deputy Santos shook her head. "Without a court order or clear evidence of trespassing, I'm not removing anyone. Both parties need to resolve this through the courts." "The auction is Saturday," Karen snapped. "This delay is costing us thousands in administrative fees."
That's when I noticed something that made my blood boil even hotter. The auction sign wasn't just on my property. It was a full 2 feet inside my fence line, planted in soil my family had been working for decades. "Karen, that sign is on my property. Remove it now." "Touch that sign and I'll have you arrested for vandalism," she threatened.
I tried calling my lawyer, Tom Bradley, but got his voicemail saying he was on vacation until Wednesday. Two other attorneys I contacted had no weekend availability. The timing was perfect.
Suspiciously perfect. "Timing is everything, Mr. Morrison," Karen said with that same smirk. While we argued, the assessors continued measuring my fence line with professional equipment. I retrieved my grandfather's original survey from 1967, yellowed with age, but still legally binding.
According to the survey, my fence was actually three feet inside my property line, nowhere near any encroachment. "This survey is outdated," the lead assessor said dismissively. "We have an updated survey from 2022 showing clear encroachment." "Updated by who?" I demanded. "I never authorized any survey of my land."
"The HOA commissioned a professional survey to resolve the boundary dispute," Karen said smoothly. That's when my neighbor Bill Hendricks pulled up in his old Ford pickup, dust trailing behind him like a banner of war.
Bill was 73 years old and had surveyed land for the county before he retired. If anyone knew where my fence belonged, it was Bill. "Jake, I tried calling you," Bill said, climbing out of his truck with the stiffness of a man who'd worked with his hands his whole life. "These people were here yesterday, too, measuring and taking pictures."
"Sir, this is private HOA business," Karen said coldly. Bill laughed, a dry, humorless sound. "Lady, I've lived here 40 years. That fence hasn't moved an inch since Jake's grandfather built it."
Several neighbors had started emerging from the subdivision, drawn by the commotion. Some looked supportive of Karen. Others seemed uncomfortable with the whole situation. Mrs. Patterson, whose dog I'd rescued from my cattle pond twice, avoided making eye contact.
Two neighbors I didn't recognize started taking videos with their phones. "Please document everything," Karen told them. "We need evidence of his obstruction." That's when Deputy Santos provided the first piece of good news I'd heard all morning.
"Ma'am, under Colorado law, adverse possession requires 18 years of continuous occupation. If this fence has been here for 58 years, well before your subdivision existed, then Mr. Morrison's original property deed would take precedence over any newer HOA covenants." The legal principle was simple. Prior existing use supersedes subsequent covenant restrictions.