HOA Karen Tore Down My Seawall for a “Better View”—Then the Ocean Took Everything Behind It

Chapter 2

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Glenn had completed two projects near lakes and one decorative dune installation outside a beachfront hotel.

He was not a coastal engineer.

He did possess a polished presentation, a company polo shirt, and photographs of ornamental grass moving attractively in the wind.

During the board meeting, Glenn explained that natural vegetation could replace the protective function of my seawall within one or two growing seasons.

Beach grass.

Coastal shrubs.

A planted berm.

According to his slides, roots would stabilize the shoreline while restoring an unobstructed ocean view.

It sounded beautiful.

It was also nonsense.

Vegetation can support coastal resilience in appropriate environments.

It cannot instantly replace a reinforced barrier protecting decades-old compacted fill from direct surge.

I stood during public comment.

Held up the laminated county permit.

“This is permit 1997-CCP-0214. The county required this seawall because these properties sit on vulnerable coastal fill. It is not an unapproved structure.”

Karen folded her hands.

“County permits do not override HOA aesthetics.”

“They do determine whether a coastal structure is lawful.”

“The HOA governs appearance within the community.”

“Your consultant is a landscaper.”

“He is an experienced restoration professional.”

“He is not licensed to evaluate structural coastal protection.”

Glenn adjusted his chair.

I continued.

“I will pay for a licensed coastal engineer to review his proposal. If that engineer agrees the vegetation can safely replace the wall, I will listen.”

Karen looked toward the board.

“We are not delaying compliance because one homeowner prefers industrial construction.”

Garrett Hughes sat at the far end of the table.

Quiet man.

Retired accountant.

Usually voted with the majority because opposing Karen tended to produce additional meetings.

“What is our liability if the wall comes down and adjacent properties erode?” he asked.

Karen interrupted before he finished.

“We will address procedural questions after the vote.”

Garrett looked down.

I carried my first certified warning letter to the front.

“Before you vote, I am formally notifying the association that removing this permitted coastal structure may cause significant erosion affecting neighboring properties. I request that this letter be entered into the minutes.”

Karen accepted it.

Placed it facedown.

Aligned the corners with her agenda.

“This is noted.”

She did not open it.

The board voted five in favor.

Garrett abstained.

No one voted against Karen.

The compliance order gave me thirty days to remove the wall.

Day thirty-one would begin fines of $500 per day.

Continued refusal would produce a lien and board-directed demolition at my expense.

Five hundred dollars a day.

The amount was designed to end debate.

It did not.

It started something else.


The morning after receiving the order, I called my attorney.

Her name was Elaine Porter.

She had handled my closing twenty-two years earlier and had since become one of those lawyers who seemed to know exactly which sentence in a document mattered before reading the rest of it.

I placed the HOA notice on her desk.

She read it twice.

Then she looked at me.

“Did they inspect the wall?”

“No.”

“Did they obtain a structural report?”

“No.”

“Did they get a coastal engineer?”

“They hired a landscaper.”

She looked back at the notice.

“Does the HOA declaration specifically give them authority over seawalls?”

“I don't know.”

“Good answer.”

She pulled the governing documents from a folder I had brought.

We spent nearly two hours reading.

The declaration contained architectural controls.

Exterior modifications required approval.

Landscaping required approval.

Fences required approval.

Docks required approval.

But there was no clause authorizing the association to remove county-permitted coastal infrastructure.

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HOA Karen Tore Down My Seawall for a “Better View”—Then the Ocean Took Everything Behind It

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