Q: We live in a gated community with an HOA and had our landscaping plan approved by the Architectural Review Committee in 2015. This plan included adding shrubbery and rocks around a roadside tree. Recently, the HOA management stated that this area is community property, and the landscaping violates community rules, demanding its removal at our expense, despite previous approval. Should we challenge this in small claims court or comply and discuss who bears the restoration costs? — Sharon

A: Your homeowners association plays a significant role in maintaining the appearance and harmony of your community. While this provides benefits like preserving property values and ensuring uniformity, disputes between homeowners and HOAs sometime occur.

These disagreements often center around issues like landscaping, architectural modifications, or the use of common areas.

When it comes to landscaping on community property, the HOA’s authority and the landscaping requirements are typically outlined in its governing documents.

Your first step is to check if the requested changes comply with the rules. If they do, and even if the HOA initially approved your changes, the common areas remain under the HOA’s control, meaning they can likely now change the common areas back to bring them into compliance with the rules.

Proceeding to small claims court is not the appropriate next step.

Depending on where you live and the specifics of your community, you will likely need first to try to resolve the dispute through pre-suit mediation.

If this fails, the matter could then escalate to court, although small claims court is probably not the correct court to handle disputes involving matters like yours due to the issues at play.

Another common concern is financial responsibility. If the HOA’s demand is enforceable, the homeowner is typically responsible for restoring the landscaping at their own expense. This aligns with the general principle that homeowners bear the cost of rectifying violations of HOA rules.

However, if the HOA’s enforcement actions are deemed arbitrary or unreasonable, homeowners may have grounds to argue that the HOA should share the financial burden. There is an argument to be made that since your HOA approved the changes originally, it should now pay to change the landscaping back.

Since the landscaping changes were made to the common area, which is under the control of the association, it will need to be brought into compliance with the community rules.

What is less clear is whether you will need to pay for it or the HOA should pick up the tab.

Since the HOA originally approved it and now wants it changed, it seems reasonable to expect them to pay for the change, which would certainly be less of an expense than a fight with one of its members.

That said, should this issue go to court, I have seen case law supporting both positions, so it would be best for all involved to work together on a compromise rather than to find out, at great expense, what a judge will decide for your situation.

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