Then he said something that mattered more. You ever remove it? Nope. Good, he said again. Because if this wall disappears, that slope fails. How fast? He tilted his head toward the sky. When the rain shows up in Oregon, rain always shows up. I hired him to write a formal report. Cost me $3,200. A week later, I had a professional engineering document that basically said in very polite technical language, “If the retaining wall is removed, slope failure is highly likely, resulting in soil movement toward the downhill properties.” In
plain English, the hill would slide. I copied the report, attached the survey, the permit paperwork, and wrote Vanessa a short letter. I kept the tone respectful, explained the engineering assessment, pointed out that the structure was on my land and legally permitted. Then I added one simple sentence.
If the wall is removed, the hillside may collapse onto the lower properties. I mailed the packet certified. Figured that would be the end of it. Two weeks passed. Then another letter showed up. This one came from a law office in Portland. The message was short and very lawyerish. Your retaining wall remains non-compliant with HOA aesthetic standards.
The association requests its removal within 30 days. At the bottom, there was a line that stuck with me. Property ownership does not exempt residents from community design rules. I stared at that sentence for a long time. Then I called my attorney. His name’s Greg Foster. Good guy. Dry sense of humor.
The kind of lawyer who looks like he’d rather be fishing. I dropped the paperwork on his desk. He read through everything slowly, occasionally making little noises like, “Huh?” And, “Well, that’s interesting.” Finally, he leaned back in his chair. So, he said, “They want the wall gone.” Apparently, you warn them. Sent the engineer report. He nodded again.
Then he smiled. Not a big smile. The kind of smile that usually means something mischievous is forming. Luke, he said, “Give them exactly what they want.” I blinked. You serious? Oh, absolutely. But the hill is not your legal responsibility if they demanded removal after being warned. He tapped the engineer report, especially with documentation like this.
I felt a slow grin creeping onto my face. So, what do I do? Simple, Greg said. Get their request in writing. Technically, we already had it from their lawyer. But Greg wanted something clearer, something undeniable. So I sent one final message to the HOA board asking them to confirm that the retaining wall should be removed to meet aesthetic guidelines.
3 days later the email arrived approved by the board president Vanessa Caldwell. The message said the retaining wall should be removed or replaced to comply with HOA standards. I printed it out, put it in a folder with the engineer report. Then I rented an excavator. September 15th was a warm Saturday morning.
Clear sky, dry ground, perfect day for demolition. When the rental company dropped off the machine in my driveway, a few neighbors wandered over to watch. Carl’s old friend Marty from two houses down leaned on the fence and asked, “What’s going on, Luke?” “It improvement project,” I said. He chuckled. Never heard those words end well.
By midm morning, I climbed into the excavator cab and fired it up. The engine growled to life and I started pulling out the railroad ties. Each one came loose with a heavy crack of soil breaking apart behind it. 20 years of packed earth slowly relaxing as the structure disappeared piece by piece. About an hour into the work, I noticed someone standing down by the pool.
