Condominiums—Failure to Follow By-Law—”Fine” Procedures—Homeowner Associations (HOA) Board Imposed Large Fines and Barred Homeowners From Bringing Their Vehicle Into the Development Until They Removed Invasive Bamboo Landscaping—Business Judgment Rule Defense Rejected
The plaintiff homeowners live in a gated development that is governed by a home owner’s association (HOA). The plaintiffs and the HOA had been sued by a neighbor in an action presently pending before another court. The plaintiffs had cross claimed against the HOA in the neighbor’s action and had tried to settle the neighbor’s action. The neighbor’s complaint alleged that the plaintiffs had “previously planted an invasive form of bamboo…which has spread to the [neighbor's] property, causing property damage and rendering her yard unusable.” The HOA was accused of “failing in its responsibility for landscaping and maintenance and for allowing this condition to continue.”
