Restrictive covenants and HOA

The Washington Post ran an interesting story on a suburban Virginia HOA (Homeowners Association) that tried to expand the association's power to enforce deed restrictions by levying fines.

Board members believed that they had the right under Virginia law, but the Farrans saw an illegal power grab that had no basis in the HOA’s covenants. When the board, acting at a meeting that was not publicly announced, rejected the Farrans’ roof and deck projects for aesthetic and architectural reasons, the Farrans said it was retribution.

“It’s like we weren’t living in America,” Maria Farran said. “You are always one board election away from a tyranny. They wield enormous power.”

The Farrans filed a lawsuit against the HOA saying it didn’t have the authority to impose fines and had vindictively rejected their home improvements.

The court's decided against the HOA and ordered them to pay the Farrans' legal fees.  The overall  cost of pursuing this drove the HOA into bankruptcy.