Nate told me later that three neighbors came to his door that week, quietly, separately, each one saying some version of the same thing:
"I didn't know."
"I should have asked."
Nate gave them all the same answer: "You can ask now."
The federal courthouse in Denver sits on Stout Street: limestone and glass, the kind of building that was designed to make you feel the weight of the law before you even clear the metal detector.
Brenda arrived with a new attorney, a litigator she'd found in a hurry—someone with federal court experience, but no SCRA background. He wore a suit that fit like it had been tailored for someone slightly different. He carried two banker's boxes of documents. He looked tired.
Reed Callahan carried a single folder.
The hearing was before Judge Katherine Emerson, a 15-year veteran of the federal bench who had presided over three prior SCRA cases. She had a reputation for asking questions that were actually conclusions.
Brenda's attorney opened with the HOA's position: the board had acted in good faith; the property appeared abandoned; the CC&Rs authorized the board to secure vacant properties; the lock change was a preservation measure; the rental arrangement was a separate matter involving a third party.
Judge Emerson listened. Then she picked up a document from the bench.
"Counsel, section 8.3 of the Pinecrest Ridge CC&Rs concerns common area drainage. There is no abandonment provision in the governing documents. Is that correct?"
Brenda's attorney paused. "Your Honor, the board interpreted its general maintenance authority to encompass—"
"Did the CC&Rs contain an abandonment provision at the time of the April vote?"