#487-O, Walker v. Germantown Station Homeowners Association (February 28, 2002) (Panel: Reilly, Skobel, Perkins)

The homeowner (HO) filed a complaint with the Commission alleging that his homeowners association (HOA) was not enforcing the restrictions in its governing documents against certain fences installed in his community.

The evidence at the hearing showed that the HO had previously applied for permission to build a picket fence and was denied because the HOA would only permit split rail fences.This decision was upheld by the Commission in a prior case.The evidence also showed that 8 months before the hearing in this matter, the HOA had approved a new rule that declared all fences existing in the community as of that date to be in compliance with the community rules.

The panel found that the new rule was within the power of the HOA to adopt and was properly adopted, and was therefore valid and enforceable.The panel therefore concluded that all of the fences about which the HO had originally complained were in compliance with the rules.It further denied the HO's request for attorney's fees, because attorney's fees are only awarded to a prevailing party, and the HO did not win this case.