Sorry keeping some details private as to protect myself, but note I have a calendar log of every event that has happened.
In the beginning of 2018 our HOA and we as Homeowners came to an agreement that we would remove a stump with chemical stump removal - https://goo.gl/TFrKC4 aka Spectracide and plant two new maple trees, however the stump wanted to be stubborn and not die.
Disclaimer in our CCR & Landscaping rules it says, "If a tree dies it must be replaced." (Note it does not provide a time frame). In other words, "If a tree dies it must be replaced in 2 weeks, 6 months, 1 year, etc.) It is open for interpretation.
Since the stump resisted to die we thought it would be foolish to plant a new tree near the chemical as to not kill another tree. In my Architecture Approval I did state my ESTIMATED time frame was the start time was "End of April" and the end date was "End of May" (Notice I did not include a year as per the CCR, hence a contract is a contract). We were lucky to replace one tree, but the other has been a problem. In August the management company started to fine us $50.00 a day which has increased to over 5000+. After numerous phone calls to the management company and emails with no response to how we could rectify the violation we were breaking again. (Let me re-emphasize replacing a tree does not provide a time frame in the CCR). I actually tracked the emails sent and saw it was read 50+ times by the management company and the HOA Directors and I have a log of all attempts to contact the HOA Directors and Management Company, in which the only time I got a response was when I called a member at their place of business and then was called within 3 minutes by the management company and was threated with being charged with harassment if I ever call a member of the board at their place of business again. When all I wanted to do was to know what violation was being broken in a kind a compassionate tone.
Truly I feel as though this is a shake down and extortion. I am asking what legal action should I take? Should I go to my "County Clerk of Superior Courts" and file a small claim of extortion in order to fill the HOA’s coffers with money? IMPORTANT - Do I file as the Plantiff or Defendent (I simply want to see the fine go away be left alone) I am even wanting to see the books dating back to 2008 to account for every penny that has been spent by our "Board of Directors".
They are bullies and we are not the only homeowners in the neighborhood with these problems.
I would love to have someone with legal background assist me in this road I have never traveled, but I am willing to be the David against Goliath.