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California homeowner asked if cannabis plants were allowed, then got hit with $48,750 in HOA fines

"I even asked the HOA what counted as 'out of view,' and they confirmed my backyard qualified and was outside the HOA's authority."

A person holding a cannabis leaf.

Photo Credit: iStock

Homeowners association disputes often become expensive faster than homeowners expect, making enforcement just as stressful as the rules themselves.

That is the situation one California resident faced after trying to comply with neighborhood limits while legally growing cannabis at their house, according to Backyard Garden Lover (via Yahoo).

What happened?

The homeowners association sued the homeowner for $48,750 after telling them to take six cannabis plants out of his backyard.

In a Reddit post, the homeowner said they checked the association's rules before purchasing the home and understood that the plants were allowed as long as they stayed "out of view." They added, "I even asked the HOA what counted as 'out of view,' and they confirmed my backyard qualified and was outside the HOA's authority."

They said the dispute had been building since they moved into the neighborhood in 2022 and that earlier this year the HOA ordered them to remove the plants because they were supposedly hurting nearby home values.

"Then last Wednesday I was served with a lawsuit seeking $48,750 in fines," the original poster wrote. "$250 per day for 195 days, for 'failure to remove prohibited public-view vegetation.'"

The homeowner said the notices the HOA relied on to justify those fines were sent to the wrong address.

"Every single one was addressed to 14218 instead of my address, 14281," they wrote. "The other house is vacant and a few streets away."

Why does it matter?

HOAs across the country have faced criticism for blocking or delaying money-saving home upgrades. 

HOA members have faced difficulty implementing upgrades such as solar panels, drought-friendly native plant lawns, and other changes that can lower utility bills and reduce resource use.

Those restrictions can leave homeowners caught between community rules and practical improvements that could benefit both their finances and the environment.

The dispute also highlights a broader question about how much authority an HOA has to interpret, enforce, and reverse decisions about what people can do on their own property.

What can I do?

Homeowners can protect themselves by keeping emails, photos, approval letters, governing documents, and records of any communication with an HOA board. If a dispute arises, those details could become essential.

It can also help to understand your community's bylaws — and how they can be challenged or changed

In the discussion, commenters largely encouraged the homeowner to challenge the lawsuit through legal channels.

"The fact that the address was wrong and that they had your email address alone is enough to get this dismissed on the merits," one user said. "... Check with your attorney whether you can cross-claim for fees and/or damages."

The homeowner wrote: "My wife thinks the judge will throw the case out as soon as they see all of the notices were mailed to the wrong address. I'm hoping she's right, but I've already had to hire an attorney just to defend myself."

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