Abuse of Power and Conflict of interest by HOA

NEW UPDATE: the hearing didn't resolve anything, they are waiting for legal (that I am paying with my home dues), to resolve the balcony and patios issue. The Board informed me that the President doesn't own 8 units, maybe 7... who knows... as the names of 8 owners doesn't show in the list they sent me on Friday. I am working on it, as I found more data favorable to my case.

UPDATE: Tomorrow, May 16, 6:30 pm. A hearing will be held at the Clubhouse, by the pool. The Board may proceed to cut my plants, fine me, etc.
I requested 3 weeks ago the addresses of all the owners at our complex. HOA said it will provided me with them at the end of this week, without enough time to contact them about these issues: Abuse of Power, and Conflict of Interest by the president of the Board.

I added a picture of my Balcony in full bloom. 

I researched the CC&R's:

Article III. Property Rights. c:

"Restricted Common Areas: Portions of the Common Area, referred to as restricted common areas, are hereby set aside and allocated for the exclusive use of the owner of each unit. Such restricted common areas shall consist of the exclusive easement to use the following areas, all of which are specifically designed on the condominium plan as appurtenant to each respective unit: the parking space, parking, covered deck, covered patio and storage spaces"

"No work shall be undertaken, other than routine maintenance and repair.... which may result in changes in the exterior appearance of any building...without prior written consent of the board; provided, however, that if no suit to enjoin or require removal of any addition or changed made or installed without such consent is filed within ninety (90) days after completion thereof, then such consent shall be conclusively presumed given"

I was a former member of the HOA Board as a Treasurer, and I requested permission from the other Board Members, maybe 7 years ago when I installed the lattice to protect my privacy. Even in the case that there are no written records of the approval, after 90 days the consent shall be conclusively presumed given".

For more info, please read below, and check the posted pictures of my unit.

Dear Community Members:

 The new HOAs Board President, and owner of 8 units at the Willow Park HOA’s Condominiums on Enterprise Drive, is trying to remove all the plants in the “Common Area”. The President of the new HOA’s must be resigning immediately for reason of “Conflict of Interest” (she has 8 units/votes) while we only have 1, and this is “Abuse of Power”. 

HOA’s President’s “Abuse of Power” is proven by her placement of an irrigation system and new plants by the “Common Areas” of her 8 properties. No irrigation system was installed to the former board members’ “Common Areas”; we have been watering them and maintaining our properties values. Some of my neighbors have plants from their wedding, more than 30 years ago.

My deadline is April 26, 2014. The Association will come and try to cut all the plants, shrubs, and trees by my “Common Area”, which I plan to defend with my life. After the last Board Meeting another unit owner had her plants cut off and removed that same day.

The HOA’s President decided unilaterally that my plants are an “eye sore” so she is using her “Abuse of Power” to dictate how our landscaping should look. She is threatening plants inside my balcony and patio, and she wants to cut all the plants in the “Common Area”, not planted by me, and the reason I bought my condominium 10 years ago. These plants surround my entrance door and the rest of the “Common Area” by the kitchen side. The other plants growing in my patio and in the “Common Area” are 8 years old.

During 2013 I was harassed with Termite, Dry Rot, and Walk Through Inspections, and they found nothing on my balcony or in my patio except dry rot in the structure at one corner of my patio, (completely far and opposite to my balcony), more dry rot was found on the structure of the building by the Fire extinguisher. To have cleared all the inspections must be sufficient to the HOA Lawyers not to threaten the value of my property, and not granting the HOA any reason to keep going after my plants, and not repairing the dry rot.

HOAs must act reasonably and treat members fairly. An HOA may not carry out its duties in a manner that is arbitrary, capricious, or unreasonable. In other words, community rules must be reasonably enforced.

The new HOAs Board was formed November of 2012.  I was the Treasurer of the former HOA’s Board for 6 years or so. We were ousted because of the illegal use of her extra votes as owner of 8 units. The new Board’s retaliation against the former members of the HOA Board is blatant: requesting to remove chimes; the former President of the HOA’s needs his dry rotted balcony to be replaced for years, and now threatening to cut all the plants surrounding our properties.

Any violations notices need to have two characteristics. 1) A clear due date by which the accused can know WHEN action may be taken against them. A resident needs to know how long they have to either satisfy the condition, or question it, and 2) a clear reference to that part of the CC&R's that is being broken. The accused needs to know WHAT the certain and specified violation they are accused with is.

Notices that are sent out based on someone's opinion are morally wrong. These "opinion violations" are a despotic influence against whom the opinion is being exercised; people’s opinions are always changing and as such, are conditions that can never be satisfied.

These practices lead to policies of non-disclosure as they originate in the filth of some tyrants mind and can’t be backed up legitimately.

If these two characteristics cannot be provided, then violations notices are just pieces of paper that can be used to:

• Levy retroactive punishments.
• Be retained over time as a means of coercion.
• Used to choreograph the "look" of the community in a way that satisfies a personal taste at the expense of the residents.
• Retaliate against those whom a personal animosity is held.
• Exercise power for its own sake or the sake of retaining it.