#478-G, Neelsville Estates Community Association v. Khademi (January 12, 2001)

(Panel: Reilly, Krampf, Perkins)

The homeowner association (HOA) filed a complaint that the homeowner (HO) was in violation of community rules by failing to keep his unit and yard in good condition.

The HO did not attend the hearing and therefore did not put on evidence.  The evidence produced by the HOA at the hearing showed that the deck and fence needed repainting, the grass was too high, there was debris in the yard and unapproved items installed in the yard such as a metal play set, and overgrown vines on the house.  The HOA evidence further showed that it had notified the HO of these problems and that he promised to comply, but had not done so.

The hearing panel ruled that the community's Declaration required all homeowners to maintain their property in good condition and that the HO was in violation of the rules by failing to do so.  The Panel required him to make the necessary repairs within 3 months.