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Homeowner furious after HOA charges them hundreds of dollars over simple accident: 'You have to sue them'

"There should probably have been a warning issued."

Redditors were livid after an HOA fined a homeowner $350 and then laid down absurd penalties for a small gardening mistake.

Photo Credit: iStock

Redditors were clamoring for justice after an HOA not only fined a homeowner excessively for a minor garden violation, but also banned them from gardening altogether.

A Reddit poster told the story surrounding their girlfriend's parents to a vehemently anti-HOA subreddit. The OP shared how the HOA allowed gardens up to eight feet by eight feet with four-foot-tall plants, and their girlfriend's dad measured carefully to comply. 

They lent a hand to the dad using compost and a tiller to get the plot up and running. There was one major snag. The next-door neighbor was no fan of having a garden near her property and complained about it to an HOA board member.

While that could have ended without incident, the OP revealed that an inspection uncovered that the garden extended four inches beyond the allowed size. They theorized that the accident probably happened while tilling.

From there, the HOA went over the top with punishment and retribution. First, they issued a $350 fine. If that wasn't heavy-handed enough, the HOA demanded the family cover the garden with sod and forbade them from gardening for the year while threatening more fines.

This sort of egregious behavior over a minor mistake in the garden might seem unusual, but these incidents are not isolated. Many HOAs impose restrictions on homeowners who want native plant lawns, trees, or gardens to grow their own food.

The supposed intent is to maintain uniformity in neighborhoods and preserve property values. It often feels these marginal nitpicks or targeting of homeowners' trees, gardens, yards, or flower bushes are more about asserting control than anything else.

Homeowners do have options to challenge these rules, with a first option of working with HOAs if they aren't completely locked in on a stance. Redditors were skeptical based on this HOA's actions and suggested the OP take an aggressive approach.

A commenter advised checking the "Declaration of Covenants, Conditions, and Restrictions" on file with the county recorder's office.

"If you believe an HOA is acting outside the powers given to it by the CC&Rs of your property, YOU have to sue THEM," they insisted.

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"There should probably have been a warning issued, for another there should be a way to dispute any violations and a timetable for those disputes," a user suggested.

"Although having a big garden might be a violation, it is clearly not a violation to just have a garden," a commenter objected.

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