An owner violates the rules. The Board assesses fines to the unit owner. Will the fines hold up in a court of law? In this case, they did—and your Association can take note of what this Court says the HOA did right.
Facts. In a 2017 case, an owner who lived in a subdivision with an HOA planted bamboo in their yard, which then spread and infested a neighboring owner’s yard and some common areas. When the owner failed to remove the offending plants after notice, the HOA Board started to fine the owner, rather than to exercise “self-help” and take care of the bamboo infestation for the owner.