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HOA Took Over My Utility Access—Then One Dig Left Half the Street Without Pressure — Transcript

by HOA Stories USA · 2,371 words · 359 segments · language en · Watch on YouTube

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  1. 0:00At 6:12 on a Friday morning, Wade Kesler
  2. 0:02turned on his kitchen faucet and got a
  3. 0:04weak coughing trickle. He drove to the
  4. 0:07edge of his own nursery and found an
  5. 0:09excavator sitting in a trench that had
  6. 0:11not existed the night before. Water was
  7. 0:13boiling up out of the ground in a brown
  8. 0:15fountain, and half of her court was
  9. 0:17standing in their driveways and
  10. 0:19bathroes, staring at it. At the center
  11. 0:21of it all stood Dana Puit, the
  12. 0:23homeowners association president,
  13. 0:25wearing a clean white hard hat and
  14. 0:27holding a letter with an official
  15. 0:28looking seal. She told him the
  16. 0:30association now controlled all utility
  17. 0:32access on his land and that nothing in
  18. 0:35that hole was his concern. Wade only
  19. 0:37nodded because he knew exactly what that
  20. 0:39digging had just hit. If the idea of
  21. 0:41someone paperwork ing their way into
  22. 0:43your property makes your blood boil,
  23. 0:45stay until the moment one shovel cut off
  24. 0:47the pressure to 64 homes and exposed
  25. 0:50everything. The story starts 5 weeks
  26. 0:52earlier on an afternoon that felt
  27. 0:54completely ordinary. Wade Kesler owned
  28. 0:5722 acres on the edge of Willow Bend, a
  29. 0:59gated subdivision of 212 homes that had
  30. 1:02been built next to his family's nursery.
  31. 1:05Kesler Nursery grew shade trees and
  32. 1:07shrubs for landscapers across the
  33. 1:08county, and Wade had run it for 19
  34. 1:10years. The land carried one feature that
  35. 1:13mattered more than any other. A 12-in
  36. 1:15water mane owned by Ridgemont Water
  37. 1:17District ran straight across the back of
  38. 1:19his property, and next to it sat a
  39. 1:21concrete valve vault with a steel access
  40. 1:23hatch. The district had held a recorded
  41. 1:26utility easement over that strip since
  42. 1:281994, and the only people with the right
  43. 1:31to open that vault were district crews.
  44. 1:33Not Wade, not the homeowners
  45. 1:35association, not anyone else. Wade had
  46. 1:37never minded. He mowed around it, kept
  47. 1:39the gravel access road clear, and waved
  48. 1:42at the district trucks twice a year when
  49. 1:44they came to exercise the valves. Dana
  50. 1:46Puit had been president of the
  51. 1:47association for 3 years. And in that
  52. 1:50time, she had developed a habit of
  53. 1:51treating anything near her subdivision
  54. 1:53as her territory. She had mailed Wade
  55. 1:55fines the association had no power to
  56. 1:58issue and he returned everyone with a
  57. 2:00short note reading, "Not in your
  58. 2:02association." What she really wanted was
  59. 2:04something far bigger. She had promised
  60. 2:06the residents a $2.6 million amenity
  61. 2:08called the Willow Bin Lagoon, a
  62. 2:10landscaped pond with fountains, a
  63. 2:12boardwalk, and an irrigated park that
  64. 2:14would need hundreds of thousands of
  65. 2:16gallons of water to fill. To get it, she
  66. 2:18needed a cheap direct water connection,
  67. 2:20and the closest one ran under Wade's
  68. 2:22land. Five weeks before the dig, Dana
  69. 2:25walked into WDE's office with a printed
  70. 2:27offer. She said the association would
  71. 2:29pay him $150,000
  72. 2:31for a utility crossing across his
  73. 2:33property, and she wanted it signed that
  74. 2:35same afternoon. Wade read it twice and
  75. 2:37pointed out the obvious problem. The
  76. 2:39easement belonged to the Water District,
  77. 2:41so he had nothing to sell. Dana's smile
  78. 2:43thinned. She told him the association
  79. 2:45had its ways and that he would be wise
  80. 2:47to take the money while it was still on
  81. 2:49the table. Wade slid the paperback
  82. 2:51across the desk and said good night.
  83. 2:53Dana stopped in the doorway and said
  84. 2:55something he would never forget. She
  85. 2:57told him that by the end of the month he
  86. 2:59would not even be able to open his own
  87. 3:01valve gate. Wade thought it was bluster.
  88. 3:03It was a schedule. 11 days later, Wade
  89. 3:06arrived at the back of his property and
  90. 3:08found a brand new chain and padlock
  91. 3:10across the vault access road. A
  92. 3:12laminated sign hung on it reading Willow
  93. 3:14Bend utility corridor association access
  94. 3:17only. his own gravel road on his own
  95. 3:20land now belonged to someone else
  96. 3:22according to a sign he had never seen
  97. 3:24before. He took photographs then drove
  98. 3:27home where a certified letter was
  99. 3:29waiting. It announced that by order of
  100. 3:30the board the association had assumed
  101. 3:33management of the utility corridor and
  102. 3:35that Wade owed a monthly utility
  103. 3:37corridor stewardship fee of $1,200.
  104. 3:40Failure to pay would result in a $15,000
  105. 3:42fine. The letter included a one-page
  106. 3:45attachment, a transfer of access
  107. 3:47authority supposedly signed by the
  108. 3:49district's operations office. It carried
  109. 3:51what looked like the district's seal.
  110. 3:53Weey did not call Dana. He called
  111. 3:55Rosalyn Tate, a property attorney who
  112. 3:57had helped him with a boundary issue
  113. 3:58years earlier and who read documents the
  114. 4:00way other people read maps. Rosalyn
  115. 4:03studied the transfer letter for about 4
  116. 4:05minutes and then asked him who at the
  117. 4:06district had signed it. Weey did not
  118. 4:08know. She told him that utility
  119. 4:10districts did not hand easement control
  120. 4:12to homeowners associations by letter.
  121. 4:14She told them to gather everything and
  122. 4:16not touch the chain. Wade set up two
  123. 4:18trail cameras aimed at the vault road
  124. 4:20and kept copies of every notice. On
  125. 4:23Tuesday, Rosalind and Wade met with
  126. 4:25Hollis Greer, the district's general
  127. 4:27manager. He asked to see the transfer
  128. 4:29letter, read the first paragraph, and
  129. 4:31went silent. He said the district had
  130. 4:33never issued anything like it. The
  131. 4:35signature belonged to an operations
  132. 4:37supervisor who had retired two years
  133. 4:39earlier. The seal was a lowresolution
  134. 4:41copy of the one on the district's
  135. 4:43monthly newsletter. Hollis turned to
  136. 4:45Wade and told him plainly that if anyone
  137. 4:47from the association entered that vault
  138. 4:49or dug near that man, they would be
  139. 4:51committing a serious violation and he
  140. 4:53would want to know before it happened.
  141. 4:55Rosalind asked him to put that in
  142. 4:57writing and he did before they left the
  143. 4:59room. The next piece came from inside
  144. 5:01the association. Nora Ellis, the
  145. 5:03treasurer, called Wade late one night
  146. 5:05and asked if they could speak somewhere
  147. 5:07private. She told him she had spent six
  148. 5:09years on the board without ever hiring a
  149. 5:11lawyer of her own, and that this week
  150. 5:13she had finally done it. Dana had moved
  151. 5:16$214,000
  152. 5:17from the reserve fund, money meant for
  153. 5:19roof repairs and street maintenance,
  154. 5:21into a construction account for the
  155. 5:23lagoon. There had been no board vote.
  156. 5:25Dana described it in her emails as a
  157. 5:27utility readiness advance. Norah
  158. 5:30forwarded him an email thread between
  159. 5:32Dana and a contractor named Branic
  160. 5:34Excavation and one line stood out. Dana
  161. 5:37had written that once they were in the
  162. 5:38corridor and the district saw Cruz
  163. 5:40working, nobody would question whose
  164. 5:42land it was. Wade understood then what
  165. 5:44the chain and the letter had been for.
  166. 5:46Dana never expected him to pay $1,200 a
  167. 5:49month. She wanted a paper trail making
  168. 5:51the corridor look like association
  169. 5:53territory so that when her contractor
  170. 5:55finally dug, nobody would ask who had
  171. 5:57given the order. Rosalyn filed for an
  172. 6:00emergency order, but the earliest
  173. 6:02hearing was the following Monday. Dana
  174. 6:04had decided not to wait for it. On
  175. 6:06Thursday night at 11:00, Wage Trail
  176. 6:08camera sent an alert to his phone. Two
  177. 6:10pickup trucks and a flatbed carrying an
  178. 6:13excavator had pulled up to the vault
  179. 6:14road. A man in a reflective vest cut the
  180. 6:17district's own lock off the old hatch
  181. 6:19cover. A second man laid out orange
  182. 6:21paint across the ground. Wade called
  183. 6:23Hollis's emergency line in Rosalind in
  184. 6:26the same minute, but the district's
  185. 6:28supervisor was 40 minutes away, and the
  186. 6:30sheriff's dispatcher said a deputy would
  187. 6:32come when a unit was free. The excavator
  188. 6:34was already lowering its bucket.
  189. 6:36Branick's crew had never filed a locate
  190. 6:38request. No one from the utility
  191. 6:40notification center had marked a single
  192. 6:42line. They dug along the paint, found
  193. 6:45nothing at 2 ft, and kept going. At 6
  194. 6:47ft, the bucket caught the top of the
  195. 6:49main. The crew heard a metallic groan,
  196. 6:52then a sound like a train. A column of
  197. 6:54water shot up out of the trench, and
  198. 6:56every pressure gauge in the Heron Court
  199. 6:58neighborhood dropped at once. By
  200. 7:00midnight, taps all along the street were
  201. 7:02running dry. By 2:00 in the morning, the
  202. 7:04fire hydrants on the north side of her
  203. 7:06court were showing almost no flow at
  204. 7:08all. 64 homes were suddenly without
  205. 7:11usable water, and Dana Puit was standing
  206. 7:13at the edge of the hole in her white
  207. 7:15hard hat, shouting at the operator to
  208. 7:17keep working. That is the scene Wade
  209. 7:19walked into at dawn. He did not scream
  210. 7:21and he did not rush the machine. He
  211. 7:23stood at the edge of the trench and
  212. 7:25calmly counted the number of people in
  213. 7:27the street. Dana told him loudly that
  214. 7:29the association had full authority and
  215. 7:31that the district had approved the work.
  216. 7:33Wade asked her for the locate ticket
  217. 7:34number. She said that was a
  218. 7:36technicality. Then he asked for the
  219. 7:38permit number from the district. She
  220. 7:40held up the transfer letter again. Wade
  221. 7:42pointed out that it was the same paper
  222. 7:43Hollis Greer had already told him was
  223. 7:45fake. Dana did not answer and Wade did
  224. 7:48something she had not expected. He
  225. 7:50walked straight to the vault, unlocked
  226. 7:51his own gate with his own key and handed
  227. 7:54the district supervisor who had just
  228. 7:55arrived the manual for the valve system.
  229. 7:58He did not care about winning in that
  230. 7:59moment. He cared about getting those
  231. 8:01families their water back. Hollis
  232. 8:03arrived 10 minutes later with an
  233. 8:05emergency repair crew and two county
  234. 8:07sheriff's deputies. He looked at the
  235. 8:09open trench, the broken man, and the
  236. 8:11unlicensed equipment. And then he turned
  237. 8:13to Dana and asked her three questions.
  238. 8:15Who authorized this work? Where was the
  239. 8:17locate ticket? And who signed the letter
  240. 8:19that said the district had transferred
  241. 8:21access? Dana said her board had approved
  242. 8:23it. Hollis asked to see the minutes.
  243. 8:26Dana said they were being updated. A
  244. 8:28deputy told her very evenly that there
  245. 8:30was no association property in that
  246. 8:32trench. The district's crew closed two
  247. 8:35isolation valves and began cutting the
  248. 8:37damaged section out of the line. It took
  249. 8:3911 hours. Heron Court stayed without
  250. 8:42proper pressure the entire time. A boil
  251. 8:44water notice went out to every home on
  252. 8:46the street and the district had to
  253. 8:48deliver bottled water by truck to 64
  254. 8:50households, including three families
  255. 8:52with infants and an elderly man who
  256. 8:54relied on a home dialysis machine. Wade
  257. 8:57opened his nursery break room for anyone
  258. 8:59who needed a place to sit, and his crew
  259. 9:01filled water jugs at his own well all
  260. 9:03afternoon. The excavator operator was a
  261. 9:06young man named Tyler Branick, the
  262. 9:08owner's nephew. He sat on the tailgate
  263. 9:10of a truck while a deputy took his
  264. 9:12statement and he said something that
  265. 9:13changed the entire case. He told them
  266. 9:16Dana had personally given him the paint
  267. 9:17marks. She had said everything was
  268. 9:19approved and that there was a letter
  269. 9:21with the district seal and that he would
  270. 9:23get double pay if the work was done
  271. 9:25before Friday. He had never seen the
  272. 9:27letter. He pulled out his phone and
  273. 9:28showed the deputy a text from Dana sent
  274. 9:31at 9:41 the night before. It read, "Just
  275. 9:34go. I'll handle the district."
  276. 9:36Investigators from the county pulled the
  277. 9:38transfer letter apart in less than a
  278. 9:40day. The file had been created on a
  279. 9:42computer registered to the Willow Bend
  280. 9:44Homeowners Association in an account
  281. 9:46logged in under Dana's own credentials.
  282. 9:48The seal had been lifted from the
  283. 9:50district newsletter and resized. The
  284. 9:52retired supervisor, when reached by
  285. 9:54phone, said he had never heard of Willow
  286. 9:56Bin's utility corridor and that nobody
  287. 9:58had asked him to sign anything in 2
  288. 10:00years. When Rosalind laid the metadata,
  289. 10:03the text message, and the missing locate
  290. 10:05ticket on the judge's desk Monday
  291. 10:06morning, the hearing took 20 minutes.
  292. 10:09The court entered a permanent order
  293. 10:11barring the association from entering,
  294. 10:13marking, or digging anywhere inside WD's
  295. 10:16easement, ordered the chain removed, and
  296. 10:18referred the forged letter to
  297. 10:20prosecutors. The financial damage came
  298. 10:22next. the district build for the
  299. 10:24emergency repair, the water delivery,
  300. 10:26the boil notice, the testing, and the
  301. 10:28pavement restoration totaling $186,000.
  302. 10:33Branic Excavations insurer denied the
  303. 10:35claim, citing work performed without a
  304. 10:37locate ticket. The association's insurer
  305. 10:40denied coverage, too, because the damage
  306. 10:42had come from an intentional
  307. 10:43unauthorized act, and the $214,000
  308. 10:47Dana had pulled from the reserve fund
  309. 10:49was mostly spent with nothing built but
  310. 10:51a fenced hole. At the next association
  311. 10:53meeting, Nora Ellis walked to the
  312. 10:55microphone and put the bank records on
  313. 10:57the overhead screen. Hundreds of
  314. 10:59residents sat in folding chairs and
  315. 11:01watched Dana's name appear on every
  316. 11:03transfer. And Dana, who had once spoken
  317. 11:06at those meetings with total confidence,
  318. 11:08stood with the microphone in her hand
  319. 11:10and said she had only wanted to give
  320. 11:12them a beautiful lagoon. Nobody clapped.
  321. 11:14The board voted that night to remove her
  322. 11:16as president. Prosecutors charged Dana
  323. 11:19Puit with forgery, use of a forged
  324. 11:21document, criminal trespass, and
  325. 11:23reckless endangerment of a public water
  326. 11:25supply. She resisted at first, then
  327. 11:28accepted a plea deal that included a
  328. 11:30period of supervised release, a
  329. 11:32permanent ban from serving on any
  330. 11:34association board, and restitution
  331. 11:36payments to the district and to the
  332. 11:37affected families. A court also found
  333. 11:40her personally liable for the repair
  334. 11:41costs since the board had never approved
  335. 11:44her actions. Alen was placed on her
  336. 11:46house. The lagoon plan was formally
  337. 11:48cancelled, and the association's new
  338. 11:50board used what remained of the reserve
  339. 11:52to repair the road Dana's crew had torn
  340. 11:54up. Wade declined every offer of
  341. 11:57compensation beyond the cost of
  342. 11:58replacing his lock and repairing the
  343. 12:00trench scar on his land. He told
  344. 12:02Rosalind he had never wanted a
  345. 12:04settlement, only for the corridor to go
  346. 12:06back to being what it always was. The
  347. 12:08district installed a new steel hatch
  348. 12:10with an alarm, and a small plane sign
  349. 12:12went up on the vault road reading
  350. 12:14Ridgemont Water District easement. No
  351. 12:16unauthorized access. Dana wanted the
  352. 12:18water, the land, and the credit for a
  353. 12:20project nobody had ever voted to build.
  354. 12:23What she got was a forged letter, a
  355. 12:25flooded street, and a court order with
  356. 12:27her name on it. And the vault on WDE's
  357. 12:29property, quiet and locked, kept doing
  358. 12:31the one thing it had always been built
  359. 12:33to

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