#509-G, Potomac Farms Homeowners Association v. Vaiya (October 4, 2001) (Panel: Philbin, Perkins, Wertlieb)
The homeowners association (HOA) filed a complaint alleging that the homeowner (HO) violated the architectural rules of the HOA by permitting loose fence boards, peeling paint on the fence, and several other conditions.
The evidence at the hearing showed that all the other conditions had been resolved by the HO before the hearing, and the only items still at issue were whether the fence needed to be repainted and whether the picket boards in the fence were properly spaced.After viewing photographs, the hearing panel concluded that the fence did indeed need to be repainted.However, as to the spacing of the picket boards, the panel noted that the HOA never complained to the HO about them and did not mention this issue when it filed its original complaint.
The panel refused to order the HO to make more repairs to the fence but it did order the HO to repaint the fence within 60 days.
The HOA also requested an award of attorney's fees, but the panel refused to grant this request because the HOA did not present any evidence about its legal fees or related costs.