NH Woman Sued For Planting Flowers In Her Front Yard

By Jim Armstrong, WBZ-TV

PORTSMOUTH, N.H. (CBS) – Kimberly Bois’ tiny front yard garden isn’t much to look at right now. But in a few weeks, it’ll be in full bloom, and every blossom will cost her dearly.

Even though she says her builder gave her permission to do a little planting, the current condo board now says she’s in violation.

They’re charging the Portsmouth, New Hampshire homeowner $50 a day for being so petal pushy. That fine has reached close to $6,000, plus the board’s legal fees.

“It’s just not a happy place to live anymore for me,” says Bois, who planted the small flower bed with the help of her mother, who has since passed away.

She says, “It just feels like we’ve been bullied and really all we wanted to do was have a conversation to figure out how this can benefit all of us.”

A new certified letter arrives every month, ordering Bois to uproot her garden and keeping track of her fines.

It got so bad, she contacted a Realtor friend of hers to talk about just selling the place that she has owned since 2008.

That’s when she got the real shock: the board put a lien on her townhouse for their fines.

Bois says the whole situation has, “gotten out of control.”

She even offered to pull up the flowers and pay part of the board’s legal fees a couple of weeks ago – an offer she says was refused.

The association’s bylaws don’t expressly forbid planting flowers on your property, Bois explains, nor do they explicitly allow it.

Board members have told Bois they just want all the units to look the same.

“Now we’ve gone down a rabbit hole that I just can’t seem to get out of and it’s very sad, and it’s upsetting,” she says.

WBZ reached out to the attorney who represents the condo association, but he did not respond our request for comment.

More from Jim Armstrong
  • Rosie

    And we wonder why there are wars?? When people cannot add a little beauty to a sometimes ugly world without being FINED, we have really disintegrated as human beings…..The people responsible for these so called RULES should be ASHAMED of themselves!!! I hope when they die, NOT ONE FLOWER IS LEFT ON THEIR GRAVE!!!

    • PowerPC

      I agree. This is a deliberate attempt by the HOA to acquire the property. This is evident by their refusal to deliberate with the homeowner. All they see is a piece of property that can be foreclosed on and resold. The board members will then split the profits to fatten their own bank accounts. She needs a lawyer that will take this as far as it needs to go for her to keep her house and FLOWERS. There are no rules against them. There is just an unreasonable desire that all the houses look the same. I think the HOA has some power issues. They are excercising their power for one reason…..because they can.

      • sylvie

        Well their ‘refusal’ to work with her on this may very well turn out to be extremely costly for them, not her. She needs to talk with an attorney, and think strongly about a multi-million dolllar counter-suit due to criminal intent on their part to cause her harm. She needs to do it while citizens in this country still have any rights though, so talk to that attorney now.

      • Georgiasaraann

        HOA will not acquire the property. The lender will. And boy will they be happy. Yippee! Another foreclosure! To add to the pile of foreclosures they already have.

    • Paul

      I have a solution: The board just wants to look all the condos the same.
      So, plant MORE flowers EVERYWHERE.

    • Sharon

      YES! I agree!

    • TxnByBrth

      It’s not just plausible it is happening and with regularity. HOA have the most power than any other governmental group at a local level. When I lived in Kingwood, TX a bunch of retired oil company employees made up the ‘compliance team’ of our local HOA…they would have lawns cut for owners who were in violation of Home Owner’s restrictions, then place a lien on the property and then promptly sue…people would lose their homes for not cutting their grass…

    • Dr-G0

      Anyone who surrenders their property rights to a home owners association board should memorize “caveat emptor”. These associations are typically staffed with retired middle management types who never achieved any position of authority during their careers. Most then engage on power trips that never seem to have an end.

    • ChaiTeaAz

      When you live in a socialist world, everyone is to be equal, no matter how more skilled or intelligent, or hard working. Socialists believe that hard workers can’t be alllowed to succeed and be rewarded or else the non-performers get their feelings hurt. If you think that is not the case, look at chidlrens sports teams that award everyone just for showing up, whether they put in effort or not.

    • Nick

      In Texas there are more HOA’s than there are cities! Most of them here seem to be filled with retired military and people who do not have a life. They are too busy involved in what we are doing/not doing.

    • mrb

      how did they get a lien without due process?

    • tomhoser

      Just need to take out the members of the board, one at a time. Kill them all, let God sort them out

    • Georgiasaraann

      She does not own the land. Only the condo. She ignored at least six certified letters. Now she has a lien on her property and she wants to get out of paying the fines and attorneys fees. Can I come over to your house and start planting whatever I feel like?

      • Gunman


        Read the news article. Nothing in the codes and covenants restricts residents from engaging in her activities. You’ve conveniently ignored that one simple fact. You’ve not said anything that is incorrect on its face, but you’re basing your argument on facts not in evidence.

        As far as a land patent is concerned, they are enforceable. Courts and counties hate them, and try and discount them at every turn, but often can not because if they do….it opens them up to a whole lot of problems.

        Title searches do not ensure one’s LAND is not encumbered. Remember Real Estate is not FEE SIMPLE LAND.

      • Lance

        Georgiasaraann, you myopic hassole. Pull your head out of your but for a moment and THINK about the matter before spewing forth your idiotic “law is law” carp. It is closed minded retards like your dum bass that is phucking this country up. Fo guck yourself, hassole.

      • Georgiasaraann

        One other thing, sweetheart. Tell me what property rights the condo owner has that were violated? HMMMM? I’ll be waiting for your respnse. Probably for a long time widdle wee wampams.

      • Gunman

        Sweetcheeks Sara Ann,

        Why don’t you post this particular establishments CC&Rs so that we all have the facts as apparently you have set yourself up as the final arbiter.

        I’m fairly sure you can not, so stop trying to deflect the issue.

        As far as New Hampshire Land Patents: New England Town surveys. Land Records 1641-1679 found with Massachusetts land records. The State Archives, 71 South Fruit Street, Concord, NH 03301, (603) 271-2236, has early land records 1679-1769. First counties were formed in 1769 and land records are found in the counties after that date. You can also check here: http://www.sos.nh.gov/archives/

        Looks to me the State Of New Hampshire still recognizes Land Patents, otherwise they would not maintain such extensive records.

        Sounds like you are not a fan of personal and private property, dear.

      • Georgiasaraann

        Gunman don’t worry your pretty little head about property rights because you clearly do not understand the condo owner does not own the land she planted on. Also, you have failed to establish what land patents have to do with this case. Honeycakes, you are ;the one trying to deflect the issue. You have not been able to deny anything I have said. And sweetbutkins, you are the one accepting the condo owner’s word about what is and is allowed. She got a lien on her property so someone else, besides me, was the arbritrator. Sweetbottomhoneycakes, you need to learn not to swallow everything written in an obviously one sided newsstory. And butterbeancakes tell me this. Where do you think this story came from?

      • Quilvio

        Stop posting the same thing over and over. You were wrong the first time and you don’t become less wrong by repetition. Flowers. Oh the horror!

      • Gunman

        Sweetheart, depending on the state, if she files a land patent claim she could conceivably own all of the land comprising the development and demand the removal of every other building on it. At the bare minimum, she should file the paperwork for a Homestead Exemption.

        You are an example of why this country is in this state. Very few are capable of reasonable discourse and even fewer are able to conduct their affairs based on simple common sense.

      • Georgiasaraann

        Honeybunches, land patent is so far fetched, why did you even bring it up. This is a corporation. Pretty sure they researched titles before the acquisition. And what have I stated that was incorrect? The reason the country is in the state it is in is because people say they want to engage in reasonable discourse then don’t do it. This story is so simple. I have to repeat it for folks like Quilvio who can’t dispute anything, just say I am wrong. Now you tell me, what have I said that was incorrect? You have such abundant common sense. It should be very easy for you.

      • Georgiasaraann

        Lance, you have not refuted a single thing I have posted. THINK about a response. I grew up in a large family. I also worked with the public. You can not call me anything I have not already been called 50 times over. It won’t even register with me. You are making yourself look bad. No civil discourse here. You have been sucked into the condo owners bogus story. Admit when you are wrong. Put your big boy pants on and be a man.

      • Georgiasaraann

        Gunman darling. Read the source for what is allowed by HOA code. It came from the condo owner, did it not? Talk about basing your argument on facts not in evidence. You completely swallowed her story. You take her words as facts in the case.. And please do not bring up land patents. You yourself state that depending on the state….You have not even researched land patents yourself as it applys in NH. Come back with some facts, not some farfetched idea that has nothing to do with the case at hand.

    • Georgiasaraann

      It isn’t her land. She owns the condo, not the common area around it. It is not her yard. It is the condo associations. That was left out of story. Whenever you all see a story like this, just google it. This was such an obviously slanted story.

      • Lance

        Cram it and fo guck yourself, Georgiasaraann.

      • Steve in Texas

        So attach her flower boxes to the side of HER building and tell the HOA to cram it

      • Georgiasaraann

        Umm, they are not flower boxes. It would be attaching about a 8 x 10 box to the outside of the condo, which she also does not own. Why don’t you try disputing my points without telling anybody to cram it?

      • Georgiasaraann

        Lance, you just conceded the argument to me. When you can not win a debate, name calling tells everyone you lost.

    • Live Free or Die

      They should have never voted Morty Sienfeld out as Association President, he would have never allowed this to happen!

    • RPAT

      I live in a development in Florida and I thought the story was about where I live. These people on the committees are so ego driven hungry for whatever power they can influence over others it’s pathetic. I do believe that it stems from them once having positions and titles of importance but when they retired they have found the void very unsettling. Where once they were important now they are impotent. They do not know how to handle this new position. Good luck!

      • Gunman

        I used to live in a community with an HOA. Enough of the residents became fed up with the board and their behavior that they formed an alternate board and sued and replaced the existing board. Once they got in and looked at the books, the new board started suing the previous board members as individuals. HOAs are a microcosm of government. The most unfit are often the only ones who want the position.

    • James B. Smith

      I agree. When a child I read again and again that one-half of all the lawyers in the world were in America. I also read that some believed the Constitution was not the solution but the problem because common law was better than the political ambitions of, often, lawyers. The big time liar Clinton failed in business but has reaped many, many millions by dishonest statements: ‘the worst economy in 50 years” Remember his ‘ depends on what is, is’

      And now we have endless liars (from my view and I am certainly among the worse) such as John Edwards, another pile of slime. I vote for decimating that community.

    • JT

      I don’t know if NH has public assisted housing (here in California referred to as “Section 8”). If they do, you may want to use it as a weapon against the HOA.

      A similar episode happened with my 76 year old mother when she lived in a gated community of townhomes. She contacted the State Of California and asked them if they would be interested in renting the property and then went to the next HOA meeting and told them the state would be making her property available to low income families. It was close to schools, the ferry to San Francisco, two major freeways, shopping, etc and was filled with yuppie lawyers and doctors.

      Needless to say she got an apology and they backtracked so fast you could have gotten a serious case of whiplash.

      • Georgiasaraann

        Yes Gunman. I got the last word because you are unable, once again to explain what property rights were taken from this woman. It’s just that simple. You can not do it. You bring up obscure land patent nonsense that has nothing to do with this case. Then you expect me to argue an issue that is off the rails. You are a big supporter of personal responsibility. Yet you support this woman who signed a contract with an HOA and does not hink she has to honor what she agreed to.. You support property rights but again, you can not state what rights of hers were violated. That is the issue. You lost sweetheart.

      • Gunman


        I’ll make this my last reply to you. You may have the last word if you so desire.

        It is you, my dear, who has failed to substantiate her position. I have asked you to provide documentation supporting your position. You have failed to do so, and have instead supplied your own speculation.

        Each point I have made to you has not been addressed, instead it has been summarily dismissed by you, and not refuted by evidence. Contrary to each of my responses to you.

        Your last response was quite shrill.

        You are worse than Lance and Quilvio. These two people know something is wrong, and are able to express it only in the most base of terms. They’re just missing the book learning to be able to coherently put forth their thoughts.

        You, my dear, simply couch your position in seemingly reasonable, but completely irrational, language.

        Homeowners Exemptions and Land Patents are central to this case. Few property owners understand their true rights and responsibilities. When anyone obtains land, one should file for a land patent. When anyone obtains real estate as a primary residence, one should file a Homeowners Exemption.

        If you want to go one step further, one should incorporate with a LLLP (Limited Liability Limited Partnership) and transfer title into a trust and lien one’s own property to void these types of nonsensical activities being carried out by these predatory organizations.

        Do yourself a favor, and stop relying on your own preconceived notions as the sum of all human knowledge. Do some studying. Learn. It sounds like you won’t like what you learn, but this nation was built on personal liberties, personal responsibilities, and private property rights.

        Collectives, which is what an HOA is, do not work. Period. Many of the earliest colonies in what would become the USA were collectives. They ALL failed.

        I’ll recommend a book for you to start with. A RENEGADE HISTORY OF THE UNITED STATES by Thaddeus Russel.

        Best wishes to you.

      • nickel

        An informative and intelligent post. Thank you Gunman. I will also get the book your recommended.

      • Gunman

        Hilarious! Your mom’s got some big balls!


      BEWARE OF THIS: IT’S more DASTARDLY than you could believe. HOA’S and their trigger happy attorneys are doing this all over the country. Filing some bogus “fine/complaint” and letting the bill run up… then FORECLOSING ON THE UNIT!! This is a SCAM…but it’s being done everywhere. I’d love to see some champion of the people takes this HOA on and because there was NOTHING EXPLICIT about planting flowers – take them apart. AND HOA members? Do not be smug, you will be next. This has been going on since early 90’s and is epidemic.

      • piquerish

        Patty is right – I’ve seen these kinds of things off and on during my tenure as a Realtor. The HOA become nasty little NAZI cells and their attorneys are the Gestapo. Caveat Emptor! (I hope she finds a way to sue the pants off of them!)

      • randie1

        The condo association has argued that landscaping is to be performed only by a company hired by the board to ensure a standard look. STANFORD ROBERTS, a lawyer for the condo association, and JEFF DAVIS, the president of the ATLANTIC POINTE board, did not return messages seeking comment.

      • Jim Sherer

        Sounds just like the dimocrats in Washington.

      • some body

        I’ve been house-hunting, any place with an HOA is not even in consideration. There’s no rhyme or reason to their actions, except if you are in the same clique as those who sit on the board. Then you don’t get harassed.

      • w paris

        lawyers have to eat too. they have found a weal link and are probably giving professional seminars or webinars to teach the process



      • InalienableWrights

        “DEATH TO TYRANTS” comes to mind.

      • Linda Bailey

        These people that sit on these HOA boards get a little “power” and it goes to their heads. They act like they’re senators or congressmen/women! I agree with Patty Henry, above, that since the bylaws doesn’t expressly “prohibit” planting flowers, the HOA doesn’t have a leg to stand on. I hope the ACLJ (lawyers) will take this case on pro-bono, and put these people in their place. In fact, I’m going to write, specifically, to Jay Sekulow (who often appears on Fox News) and ask him if he would be willing to get involved in this case just as a matter of getting these HOA’s off their power-hungry authority…and ruining people’s lives. In fact, I’m going to start a letter writing campaign for this woman right now, and hope others will do the same. Surely SOMEONE with some clout will take on this HOA!

      • way2confused

        I took on the HOA where I own property who assumed my property was part of the association–which it was not and never was, which was the primary reason we chose that particular property.. But “the powers that be” thought it SHOULD be. Oops, wrong answer.

        After hiring a very well known, high power attorney, and he conducted an in-depth investigation and indeed verified our property was never part of the association and was never intended to be. When they sent us an assessment to cover THEIR legal fees, the gloves came off. We had our attorney send them a letter telling them in clear, concise language that if they tried to lien our property or threaten us in any way, they would be sued both individually and as an association. Evidently their pathetic excuse for an attorney (cheap) told them to leave us be unless they decided to take us to court where they stood an above average chance of losing not only the money in association funds, but all the community property.

        Needless to say, I am not easily intimidated. It cost me in excess of $20,000.00 but worth every penny.

        The worst part is the individual that started it all was a friend until she got herself elected president and instantly decided she was going to change everything. A female Hitler who threatened us with arrest if we did not comply. Like I said, I do not intimidate easily and will not stand for threats, especially from low life dictator wannabes.

        A word to the wise. Do NOT consider buying property in any development if they have a homeowners association. It is not worth the aggravation.

      • Kc

        There’s no problems though! I’m setting in a Math Lab on an Illinois campus typing this. We now live in a society of young people that want free handouts which require bigger government. I’m an Air Force retiree attending school on the GI Bill (that I paid for). These students thoughts of our country and government scare me. If you readers aren’t prepared for another 4 years, which will change the face of our nation forever, you better be standing up and letting your voice be heard and getting on your knee’s at night and pray that God opens blind eyes.

      • Cynthia

        There are now more attorneys per capita in this country than at any time in history and they all need to make a living and how is that done? By viciously bringing suits multiplied by more suits. Patty, you are absolutely correct. All of the federal regulations which are estimated to cost the nation 66 billions dollars are all bones thrown to the american trial attorneys association who are big donors to the Democrat party and the Obama reelection campaign and the various pacs. We are a nation being destroyed by attorneys, those in and out of the White House.

      • Erik

        its just like unions. they start out to protect something, and then grow and grow until they become monsters worse than what they were created to prevent.

      • Spud

        I think you are on to something. It sounds plausible. Look at the all the thieving lawyers in Washington

      • Kathy

        Associations started out as a good thing for property values and they were a guarantee that your neighbor’s property would not look like a city dump. However they are now out of control crazy.

      • Another 6 Letter Word For Felony... BARACK!

        The Biggest SCAM/FRAUD ever to hit the USA, happened 4 years ago and occupies 1600 Pennsylvania Ave. http://www.BirtherReport.com

      • Ann

        Yes, hire an attorney ASAP. They are after your house. This is happening all over the country. It’s a HUGE scam.

      • Ann

        http://hoareformcoalition.org/2011/09/30/hoa-fraud-nevada. There are investigations into a massive scheme to stack homeowners association boards. HOA’s have an extraordinary amount of power and can take your house. This may or may not be your situation. Have an attorney look into it.

      • Tim

        Attorn – to turn over; to transfer money and goods; to assign to some particular use or pupose.

        Black’s Law Dictionary 6th edition and so many here dare to trust [turnover to] an attorn-ey

        The people must learn their language first in order to preserve/restore their rights.
        Success will return to common law venue and repudiate all re-venue and usury schemes first.

        If your on a jury do not follow the judges dictates you are a JUROR!
        If you do not act as a juror. Why would you claim damages against a private person when they do not harm or damage property or person?

      • Zip

        Stuff like this has been happening all the time. How did we ever get to this point of no common sense. Its flowers, not garbage, but flowers something that will probably even look nice.


      • Alice

        Our HOA in Alpharetta GA threatened the same thing because we painted the finial on our black wrought iron mailbox gold to match the gold numbers. We wrote them a scathing letter saying our paint job was an improvement and not “in poor repair” as their letter claimed. We also notified them of several other violations throughout the subdivision, including mailboxes that were literally being propped up. We did not hear back, so we’re assuming nothing further will come of it. Thanks for the heads up. Sounds like a land grab to me.

      • BradB

        Well – sort of.

        These people all signed on to these HOA rules. I don’t like them so I don’t buy into HOA neighborhoods. I’d rather be neighborly and if someone’s yard is getting out of hand go over and see if they need help rather than calling the HOA board and getting them to send a strongly worded letter.

        To me the bigger picture is that these people all willingly gave up freedoms for a sense of security (security that everything looks the same and their property values stay high).

        When you give up freedom for security, it won’t be long until you figure out that you have neither.

      • jawal

        LIVE FREE OR DIE….What a joke. I think even the privledge of the 2nd amendment is a joke when we think that the only thugs and gangsters are the ones wearing hoodies and living in the ‘hood.’ Thug lawyers and policy makers are the one who terrorize and steal vis-a-via public policy. Would the men named gave the motto to this state LIVE FREE OR DIE would have tolerated such insidious behavior from white collar mosters? Hell no…..They would have broke out the Tar and Feathers in a New York minute. Liberals know we have become cowards. Stand up and start shoving back……

      • Stan

        They will stop when the shootings start and no sooner.

      • Steve

        I got fined by my HOA for leaving trash cans out after the trash pick up day. The fine was never paid and they filed to foreclose on my house to recoup the fine. The problem was I was in Afghanistan and obviously the trash wasn’t being taken out by the trash gremlins.

        Luckily I had someone checking on my house who was able to let the HOA know I was deployed. They stop the legal action but still claim I left my trash cans out!!!

      • Stuck

        Yes, it is going on everywhere. I had monthly payment lost in mail. When I tried to pay it the HOA mgt company would not accept it as “we have to add late fees”. The delays were so long I was worried and tried to get them to take the money. They DID put a lein on my property and I had to go to court. It ended up costing me $8000 dollars for “late fee”. The attorneys they use are no better than robbers and they are doing this very frequently since it is working well for them. The HOA’s love these law firms.

      • LiesDominateTheDailyNews

        Another story that likely never happened. Unelected officials took over Washington and the media after the coup and cover up. Even most of the comments online are financed with your tax dollars. Big brother is trying to create the perception of public opinion while burying the truth. They think you can’t handle the truth. Fact of the matter is we have no democracy, president, and freedom of press is an illusion.

        Our next election is shaping up to be as big of a sham as the last. Do you know why Sarah Palin’s bus tour was really canceled? Do you know why she stayed 30 miles away from the second debate and chose the death of Steve Jobs to announce that she’s not running? Know what leaked out? Sarah Palin and Cain aren’t in the race for the same reason, the truth leaked out.

        Search PalinsDirtyLittleSecret for the biggest cover up in world history before it disappears forever.

      • Momma

        I’m pretty sure there’s not a conspiracy to force foreclosures. Who wants a community loaded with foreclosed homes, where nobody is paying the condo fees, and with homes that could languish on the market for months or even years?

      • gonbait

        Welcome to Utopia on a local level.

    • dirtyrob

      This is actually a HOA issue which are not directly politically motivated, although buyers beware, Most HOA do reflect the majority political philosophies of the region. When I moved to my current home I was happy to learn that this neighborhood did not have a legal HOA. Do your homework before you buy.

      • Dacari

        I bought my home 17 years ago, I told my reality agent ” the first home you show me with a HOA will be the last home you show me”.. I Didn’t want to look at a home with a HOA and like it just to find out there was an HOA, I was building most of these homes and had already heard the horror stories..

        She should get an attorney, if her HOA agreement doesn’t clearly state ” You Can Not Plant Flowers” then they have no leg to stand on, plus the lien would be illegal !!!

      • alicat2441

        Exactly. If the by laws do not state landscaping must be cleared by the HOA she can do any landscaping on her property. I would take them to court and counter sue.

      • Georgiasaraann

        The property does not belong to her. She only owns the condo and only the inside of that. And what would be the basis for the counter suit?

      • mia

        If the property is owned by all, or is common property, then she owns it, no? it belongs to all the homeowners.

      • PDK

        Too right dirtyrob. No sympathy here for the petal pusher. When she purchased the condo she knew there was an association and she decided to engage in a beautification project she knew would be rejected. When I was looking to buy a home in 2004, as soon as the realator said “home owners association” I was out of there.

    • Tom59

      Wars are started because people expect others to be tolerant of their wishes and behavior when in fact they are being intolerant toward others themselves.

      Your wrong to decide what is beautiful for all others in the complex. Others in the complex might want a nice clean uniform look and that is why they moved into a condo complex. Done correctly, the overall appearance of the complex can be very stylish and have nice even flow to the place. That look is not for everyone and if that look is not her thing, I suggest she move.

      • Lance

        @Georgiasaraann- yeah, keep supporting these phuckstains and just wait for the bullets to fly. THEN you can whimper to yourself “why??” THIS is why, jack ass!

      • Brenda Harbaugh

        Is that the same Jeff Roberts that was arrested for solicitation of a prostitute a few years ago? He looks like the same guy – he hired an attorney to make the charges go away so no one would find out about it.

      • Quilvio

        Baaaaah, baaaaaah, you’re a good little sheep Kay.You shouldn’t think for yourself, just follow the rules of your master and all will be wonderful. I’m sure you can find a lovely neighborhood in North Korea where every home looks the same, everyone waers the same drab clothes and everyone cries on cue when Dear Leader dies.

      • Kathy

        I am sure at this point she would love to move but easier said than done. In case you’ve missed it home sales are at an all time low. If she does find a buyer the association will not allow the sale to go through unless they are paid off. I would love to see the clause where it states she cannot plant flowers. Of course the association can now add that to the By-Laws but if this goes to court it will hinge on what she agreed to or signed upon purchase.

      • Georgiasaraann

        Kay;, don’t be bothered by Quilvio. He can’t dispute you. He can only call you names.

      • HongKongCharlie

        Uh, let me see. You know already that everyone in the complex wants yards without flowers. It appears if you read and understand the article, she offered to get back in line and was refused. She can’t sell and move without leaving the HO
        A with a lot of her cash in liens. How many buyers will put down the money to buy into a condo with a HOA board like this one?

      • ebsel

        there you go . to live in this world I, me & mine must become we, us & ours or the verdict is GET OUT. and, by the way, WE have the authority to ruin you to get OUR way. lovely world we have concocted isn’t it? why not try living your own life, to your own benefit, for your own purpose????

      • krusty

        I would suggest if you do not like HOAs do not purchase a home that is governed by one.

      • http://iwasdeceived.wordpress.com reformedii

        “Your” wrong———- Really? You must be a lawyer.

        I have a better solution.

        I am sure there are counties in Texas or Arizona or Utah with about 10 persons per acre. The folks of the US need to all throw in a dime to buy a county, enclose it with 10 foot barbed wire fences and throw every attorney in the country inside the fence! Let’s help the environment by making buzzards happy.

        I have known 30 lawyers in my life on a first name basis, and there have been less than 5 that were worth “pouring’ [if you get my drift] water on if they were on fire.

        “Others in the complex might want a nice clean uniform look” Good grief! I do not have a problem with a city ordinance which says you cannot butcher an animal in your back yard, a practice I have actually witnessed, Or a law prohibiting a meth lab. BUT, “Others in the complex might want a nice clean uniform look” needs to be met universally with, GFY.

        Like Astonished said. “THE LOONS ARE TAKING OVER.” Look what we have for politicians!

      • kay

        Agreed!! I live in a villa/condo complex without rules here, it would be chaos!! Everyone by law has to be given condo documents before they buy. IF they don’t like the rules DON’T buy. I moved into my complex because of it’s upscale reputation, if owners started changing things to THEIR liking…including planting flowers I wouldn’t like it! Condo complexes have a big population, have to maintain the areas and buildings properly. One story of a man not allowed to put a flag pole up stirred up controversy, if that flag is allowed then everyone from other countries could display their flags or some type flag that is offensive. Gotta follow rules or don’t move in!!

      • Georgiasaraann

        Lance, dispute my points. You got nothing! You cannot debate. And while you are at it, answer me this: How did this story get in the news? Come on, anybody? The source is Ms. Buis. She did so because she does not want to pay her legally assessed fees and fines and you all lapped it up. This is not a little guy vs big guy story. This is about a woman who sat on her fat ass and stubbornly refused to get her plantings off condo assoc. land. She ignored the situation and now she has a lien. Please anybody tell me where I am wrong.

    • Astonished

      It is a Sad and Sorry day when you can get fined for planting flowers in your front yard……It’s a crazy world that we live in,and it’s getting crazier.The Loons are taking over…….

      • Brenda Harbaugh

        JEFF DAVIS, the president of the ATLANTIC POINTE board, is he the same Jeff Davis that was arrested a few years ago for soliciting a prostitute? I wondered what happened to him – he hired an attorney to make the charges go away so no one would find out. The prostitute was almost a child. Nice guy. lol

        Stanford Roberts couldn’t return calls because he was probably out drinking. If you see him driving after dinner, call the cops to stop him. I doubt he’d pass the sobriety test.

      • Georgiasaraann

        Brenda Harbaugh, are you the same Brenda Harbaugh that got arrested for prostitution a few years back? Since you slept with the DA, you got off. And he was only 17! See how easy that is?

      • Georgiasaraann

        It’s not her front yard. It belongs to the condo association.

      • Blah Moe

        Have a look at the boards of these HOA’s and you’ll quickly see a common theme. HINT: They aint Sctottish !

    • pops

      She needs to counter sue for intering with her quiet enjoyment of her home. There is no rule against having flowers in the yard and therefore this is just harassment. File a suit for legal fees, Loss of enjoyment in the home, tarnished memories and so and and so forth. Name a large sum of moneyl. This is America afterall and I did not see anything in the article that said she has given over her rights to some board to tell her what she can and can not do with her property

      • Donn M Searle, Houston, TX

        Re: “…she has given over her rights …what she can and can not do with her property”. Indeed she has. When she purchased her home. A condominium owner owns NO property -just the inside surface of the enclosed rooms an the space contained within. Sure, the Board’s actions have been both dumb and oppressive. There is no By-law addressing outside planting here; there should be. Well-run HOAs avoid these nasty headline-grabbing situations, by having in place, Architectural and Landscaping Committees made up of owners, to set policy advise the Board, and meet with owners to discuss their wishes. The errant homeowner in this case was also at fault for not going to the Board in advance of her planting, and if rebuffed, in not collecting petitions, running for a position on the Board and establishing those committees and policies. The present Board let this get way out of hand; they should be replaced. Both the management of this association and their attorney, should be fired for mismanagement and failure to fulfill their roles in guiding and advising this HOA. An all-too commonplace occurrence. The HOA concept itself is not at fault; like any governmental body, it requires common-sense leadership.

      • Stan

        If there is nothing in the documents specifically prohibiting the action then it is not supported by the courts. Restrictive covenants must be unambiguous and clearly state what is being prohibited. If they are trying to enforce a non-existent or an ambiguous covenant, take their slap happy butts to court. And then go after the individual members of the board. Yeah, those won’t get very far but it will make them think twice before pulling this crap again.

    • Tim

      Please post HOA name, HOA direcors names and phone numbers. Please post attorneys Legal Firms name and attorneys name phone number and fax number.
      All of us need to contact them daily and begin a dialogue with them.

      • Lance

        Georgiasaraann is a moron. Fo guck yourself.

      • Georgiasaraann

        Harass them for what? Deciding what can be put on their own property? Is that how you decide things? The condo owner signed a contract, then violated it. She was properly notified. Many times. She does not own the land. She needs to pay the fines and fees which she clearly ignored.

      • JENN

        I totally agree..what a bunch of jerks with nothing better to do. I would certainly call them up and harass them as they are doing to that woman.

      • Georgiasaraann

        Lance, tell me where I am wrong.

      • Fhirinne

        @georgiassaraan-You want it pointed out where you are wrong? Answer this, if there is no specific bylaw forbidding the flowers, how is she in violation?

      • Georgiasaraann

        Because she planted on property that she did not own. You all need to understand that you do not have to have every situation spelled out in a contract. Can I come over and dig up your yard? Do you have it in writing that I can not do that?

    • Steven Hall

      Another example of the commies that have infiltrated our government..I’m glad that I got the hell out of the homeowners associated home I bought.

    • Barbie

      An example of a rule in place to protect homeowners going AMUCK ! This is another example of a HOA board out of control. The board is driving the values of homes in your neighborhood to the ground with this nonsense which means their intolerance is now incompetence.

    • macs

      its not the word that is ugly its the peoploe that live on it that makes it seem ugly

    • me

      Freedom in the us? Nope!

      “they” will impose absurd fines for everything “they” decide is just.

      “they” will tie those fines to everything in your life so you cannot simply refuse to pay absurd fines.

      the only solution is to burn the entire strata to the ground.

      Don’t ever buy into anything like that where some hen, or council of hens, have given themselves “authority” over you.

    • Cherryl

      MMM what if everyone starts planting flowers what will they do then???? That’s the stand your neighbours should take coz this is plain ridiculous

  • Linder

    That is rediculous. If it doesnt say you cant , then she should sue them for harrassing her and making her sick. There is a woman in Doylestown, PA, which is Bucks County, a rather affluent area, who put out colored Christmas light. The home ASSociation fined her every day she had them lit. The Assoc wanted only white lights. She won hands down. Absolutely rediculous. I have a friend who put mulch down and her assoc, made her take it up because it wasn the same color.
    I hope someone can help her pro bono to fight this BULLYING!!

    • Teiner

      From “Live Free or Die” to “March in Lockstep at Our Command”

    • amtr

      Thsi why socialism sucks. Anyone who really wants government in their lives should consider this as a mini example of what “group think” is all about.
      Vicous and cruel, crushing individualism. Yes it is stupid. Yes it is small minded. The point is that is the nature of commun(istic) societies. This is our furture if you give up “freedom.” Yes they will force the women to pay because they can, just like government forces you to obey the laws they chose to enforce, because they can.

      • mark

        It’s more an example of what happens when sociopaths seek and gain power. Evil is the result

    • Dave Mowers

      …but it is the law don’t believe in the merits of the law?

      Too bad citizen you will comply or we will jail you and take your property from you for we server the King and his will is law.

      • JohnF

        It’s not all ‘her’ property. She only owns the inside and pays fees for the outside maintenance. If she had pulled them up the first time she got a letter, she could have then attacked the condo association without fear of additional fees. Instead, she decided to not do anything. While I don’t agree with the merits of this, she made choices and now must be willing to accept the punishments for her risks.

        Nothing to see here .. move along.

    • http://enos33.wordpress.com enos33

      It’s also ‘ridiculous’!

  • Kathy

    This is a warning never to buy property in an association. The board members may have out of control egos and the homeowners end up footing the bill. She should ask to view the assoc. financial records. When you see this type of bullying it usually goes hand in hand with misappropriation of the homeowner funds.

    • james

      No, it happens in isolated incidents and the media blows it out of proportions. Most HOAs are very good and are very peaceful.

      • Jason

        HA! I have dealt with a couple of them in the course of operating my business. The one stiffed us for almost $1000, and the other could never make up their minds, always changing detail after detail. They are pathetic excuses for people!

      • Bobbi

        James- you must be on a homeowner’s board or you are one of those homeowners who love to harass their neighbors.

        When my daughter needed a heart transplant and I had to have a relative come to take care of my house because we had to be in another state for 3 months, my homeowner’s association fined us for every time they parked on the street and every time they left the trash can out overnight after the trash was collected.

        I had neighbors who were wonderful but I also had a neighbor who would leave nasty notes on my car. We knew who it was, they were very new to our community and negative little jerks. We live in the mountains and most of our neighbors have their trashcans out all the time and park their cars where they can. No one says a thing. I will never and I mean NEVER live where there is an HOA AGAIN!

      • t2350

        How is a $6,000 dollar and growing fine for violating a by law that doesn’t exist be remotely considered as blown out of proportion?

      • Bill

        Actually it happens all the time. Being a Board member is a license to steal and if you happen to be an honest member of the Board, the dishonest ones will make your life so miserable that you’ll resign. I’ve seen Boards come and go where I live over the past 12 years. Oftentimes the first thing a new Board will do is fire the current property management company (with no community debate or input allowed) so they can say they can’t access old financial records — and, in so doing, hide the chicanery that the former Boards engaged in. It’s a neat trick. If owners should insist on an investigation, the Board will then hire an attorney and/or investigator who will be paid via the Board with the community’s reserve fund. The investigator will do as the Board asks, which is part of the selection process. And the investigation will go nowhere. I’ve heard of former Board members serving a term or two and then buying nice, expensive homes out of state. Gee, how did they go from condo living to living the life of Riley? I can only wonder because any forensic accounting investigation will prove expensive and, ultimately, fruitless. People who live in condo complexes as owners — and similar communities — need to get it through their heads that if their Board is behaving badly in its treatment of decent residents (intimidation, excessive fines, unreasonable liens, etc.) and/or failing to be transparent in their dealings with vendors, it’s most likely a gang of theives.

      • Kathy

        Request the books and you can do a little of yur own forensic accounting. Review all the bank statements and make sure you see the the checks. If a check written to a company seems odd, check out the company.

      • Rick Diculous

        And this is why they are commonly known as ‘Yard Nazis’.

      • Andrew

        ‘Most HOAs are very good and are very peaceful.’ HAHAHAHAHHA Sure they are. Homes that are not part of an HOA sell at a premium.

      • Sharon

        no, most HOAs are control freaks that have nothing better to do than mind every body elses business. However, most folks know this already.

      • keefers

        ive read many stories like thi sit is bull never live in one of thesedumps own your own land do what you want this is theft stealing this womans money over a small flower bed

    • hal

      Couldn’t agree with you more. The character of the people on the board is exposed by their harsh, unjustified treatment of this woman. To think they’re skimming homeowners’ common charges and taking money under the table from service providers is hardly a stretch. I would say they most likely are a bunch of crooks. Honest boards don’t mete out harsh punishments for something as innocent as planting flowers, especially when the by-laws don’t address the matter.

    • ariel

      Absolutely right ,I discovered the board stole thousands of Dollars from the community while intimidating, and been vindictive to anyone they suspected knew what they were doing. They just gave those peoples name to the attorney and they started the clock with filing frivolous law suits while delaying them with endless motions just to keep milking both sides endlessly.

      • Kathy

        Wow you wouldn’t live in Alpine Haven Resort by any chance? The only thing is we know that certain board members have stolen over $600, 000 and everyone (well most everyone) is afraid to get on their bad side because they have witnessed what happens to homeowners that do not go along with the program. I had a puppy stolen because we put in wells in on both our properties and refused to be a part of their water coop. The stories of abuse are endless and we cannot get help from the State Atty as they say it is a private matter.

    • Perspective

      This is exactly why I won’t buy in an HOA environment.

    • JP

      Why are you all attacking the board? You people are slandering them and you dont know what the hell your talking about! I served as VP and President on a HOA for 5 years. You serve because you want the place to be nice. I received no money or benefits. There is no way to sue the officers they are protected as this is a incorporation so the officers are protected. Additionally she can not pick and choose what rules she will follow. Initially she was not wrong but once the Board decided she is in violations she should have stopped, got a lawyer taken the HOA to court and she might have won. Now it will be a long costly affair, she can not sell, the condos loose money. Read your contract, you vote the board in so you agree to follow the rules if you dont this happens.

      • me

        She is not in the WORNG AT ALL!

        She planted flowers ffs! She wasn’t building a nuclear reactor in her yard.

        People like you who create these “rules” for others and then fine them for said flowers should be lined up and shot in your smug mouths.

        Is the 6k and counting in “fines” justified for some pretty flowers?

        If you think it is…then maybe 6k for your head is also justified to some.

        People like you that run around and shout, “well, she broke the rules…too bad”…are what makes neighborhoods ugly.

        While anyone who buys into a situation where a hen like you can raise her chin in the air and pronounce rulesover others, is foolish…people like you who get off on holding up pathetic nonsence like this as if it were somehow just, should be muzzled.

        Flowers! Lets not lose sight of the great crime that was committed here…the planting of flowers.

      • Georgiasaraann

        Hey me…you really want people shot? Really? How about I come over to your yard and erect a statue of my dog? Would you object? Really? Why? Maybe because I don’t own the property? Same thing here. Explain to me how someone can go on property that they do not own and put whatever they want on it. Don’t you believe in property rights? What is smug about standing up for what belongs to you? She does not own the land. Get that into your head before you start calling any one else names.

  • to make Beautiful Kim

    complete BULL$hit! yet, there are repeat offender drunk drivers still on the road and who is fining them?? This world needs an enema.

  • Laurie Mounce

    Nothing said she could not plant flowers. She should sue them and then move take her flowers and move out. we wonder why the world is in such turmoil. Thank you Kimberly for bringing beauty into this world

    • meadowlands

      I agree. From the picture it looks very nice

  • Usedtovotedemocratic

    They want all the units to look the same? Liberals want everybody to be equal. It is all about equality. Equally ugly in this case.

    • Georgiasaraann

      I am a right wing conservative. That is why I keep posting on this site. This is a story about property rights. Not some idiot condo owner who ignored certified attorney letters until the situation reared up and bit her on her fat ass. The HOA owns the land. She is trespassing. You don’t get much more southern gun toting property protecting than me. So what is northern liberal about that? Explain to me why she has the right to dig up property that does not belong to her.

    • Horace Radish

      Why do you assume the Board is filled with liberals? There are more Republicans in NH than there are Democrats. It’s traditionally a libertarian state. http://en.wikipedia.org/wiki/Political_party_strength_in_New_Hampshire
      You’re just chompin’ at the bit, looking to blame liberals for everything. Nice attitude “Usedtovotedemocratic”. Try educating yourself next time.

    • Bobbi

      You’re an idiot. Of course you would bring politics into this and prove your true lack of knowledge of what it means to Conservative or Liberal or even what it means to be a human. Go eat a twinkie jerk

  • Dustin


    Imagine one of the last things you and your mom did before mom died was plant this flower garden. Caring for it would be a beautiful way to remember your mom. They want to destroy it, and now she’s just trying to move? How evil. It’s so petty and wicked.

    I agree that this kind of behavior often coincides with financial shenanigans.

  • Aaron

    The land of the FEE ! Truly sad situation. Our rights as humans are being taken away in every nook and cranny, a small amount at a time. No longer are we free to enjoy our properties. This is looking more and more like Eastern Europe during the dark years. Very sad. The land of the Fee, home of the Bullied.

    • Rick Diculous

      The land of the FEE ! I love it. Their motto can be ‘To Serve and Collect’.

  • Jen

    Cookie-cutter crazies. Who fines a person the same amount as a used car for planting flowers?

  • Doug

    Human nature and a little power are such a dangerous mix! What is it with HOA’s though? They bring out the Tyrant in the bored, retired, nosey Board members! Get a LIFE! They use the rules as a hammer and the law as a gun, stealing money and property from those who dare question their authority! Liberal progressives, I’m sure.

  • Fled_NewEngland

    Well you can all change your license plates to: Pay fee or die.

    NH has become a nannystate. It’s probably from bordering Massachuckbuckets for too long and having nannyman Mitt running lose as gov.

    • LucyLui

      I agree! One of MANY reasons I will NOT support Mr. Romneycare! Great choices we have in this country! President Marxist Obama or Gov. Marxist-lite Romney!

    • still here

      Not exactly sure how one could call NH a nanny state, I believe last year (2011) it was found to be the most free state in the union, as well as in 2007 and 2009.


      Granted, our ratings on personal freedoms as a subcategory is notably lower, around 11th this last cycle. Considering our regional location and influx of liberal neighbors (from as you eloquently put it, ‘Massachuckbuckets), I’d say we’ve remained firmly rooted in our state motto. I’ve yet to find a personal right or ambition inhibited by state law (Town ordinances are another story).

      While this story is most unfortunate, it is a beast born of HOAs, not the state. Don’t obfuscate the real issue with a broad wave of the hand and a safely defensible stab at big government. Sometimes the problem is in the hands of the people (i.e. homeowners and HOAs), and takes a little more effort to fix than yelling at your government.

    • Tacitus7

      You are totally confused. The whole reason Gov. Romney is running for President is to restore the freedoms Obama/Pelosi/Reid are stripping from us. Romney’s election was the only pro-freedom event to have happened in Massachusetts in the past 15 years. But with a legislature 87% comprised of liberals, there were limits on what he could do.

  • MikeG

    This is why people snap. The Board deserves to have a little bit of fear visit them over this.

    • Stan


  • Fartin Lootin King

    I moved out of an HOA neighborhood just because of the nonsense and Little General mentality. I was fined for parking my custom Harley Davidson on My Sidewalk next to the driveway….not the sidewalk by the street but the walkway that went to my front door. I told them to kiss my A$$ and didn’t pay….I was renting!!!!!

  • Liberity_1776

    I thought New Hampshire is the “Live Free Or Die” State.
    We have no freedoms left.

    • jnsesq

      That was before the Massachusetts Marxists swarmed north across the border.

      • Rosie

        I hope my Mass daughter never meets you or any other NH PINHEAD. She & her husband are a police officer and teacher who work damn hard for NH and don’t need to be insulted!

      • jnsesq

        PS: Those same Marxists finally drove me out of the People’s Republic and down here to sunny, no-5.3%-income-tax Florida in October, ’09. I’m pleased that I participated in Taxachustts’ losing another Congressional seat and Florida picking up two. :-D

      • Starky


        People have a right to criticize policies & the people who support them. Your daughter and son-in-law’s careers and feelings have nothing to do w/anything. Get a grip, mama.

      • John D

        Poor stupid Rosie. Watch the people leaving, Rosie. Your hard-working children will leave someday too, because they must. You will live to see the day.

      • krp

        In other words, two government employees. Two blood-sucking parasites on the taxpayer system.

        It takes a really perverted mindset to consider the government a viable place of employment.

    • still here

      It still is…

      This happens in nearly all states. Whether it is a veteran being fined for flying his flag (Ohio), a man’s Ford Truck no being allowed in the driveway, but Lincoln Trucks are (Texas), Requiring DNA samples from your dog so they can fine you for leaving poop (Florida). A quick Google search will find you plenty of frivolous HOA claims in ANY state. No matter how free we perceive that state to be.

      It isn’t a symptom of the state, it is a symptom of the HOAs. Focus on the problem.

      • keefers

        hoa’s are no more than little legal dictator ships should be stopped and made illegal

    • Ron Paul fan

      That’s tragically ironic…. I guess these rabid dogs think that it’s time that freedom and free people die.

  • Demsvoteblindly

    What is the name of the place that is doing this to her? That should be a BIG part of this story so others do not spend their money there!!! Please post the name of the condo ass, I mean association. Do not protect them!

  • Jim Steinman

    I can remember when “Live Free Or Die” was more than a NH slogan. Sad.

  • Georgiagator37

    F__K the Condo Gestopo. Why anyone would live in a place that tells you what you can do with your property is beyond me. I guarantee that where this me, that Board would regret the day they made that Stupid ruling.

  • Harleyxx

    My Uncle Vito would be glad to go pay these board members a visit and help them see the errors of the ways. This is the only language these rats understand.

    • Cajunwarthog

      weneed more “uncle vito’s”…..

  • http://parrishmiller.wordpress.com/2012/03/20/27/ Anonymous

    […] in her own front yard. Not only that, the board has placed a lien on her townhouse for their fines. boston.cbslocal.com/2012/03/19/nh-woman-sued-for-p…-yard Share this:TwitterFacebookLike this:LikeBe the first to like this […]

  • norton

    enos33 – Get a life

  • Matt

    This is a tired argument. She bought the Condo knowing the rules. If the HOA made an exception, they would loose their ability to enforce any of the yard rules.That’s how the law works….. I am sure many feel as the readers, but they are there to enforce the rules…. You own the inside walls of a condo…that is all. If the owners got together and changed the rules, there would not be a problem….but guess what, they all want the rules. If you want a yard…get a house.

    • Starky

      Did you read the article?

      “The association’s bylaws don’t expressly forbid planting flowers on your property, Bois explains, nor do they explicitly allow it.”

      If this is indeed accurate, what exactly is your point?

      • Georgiasaraann

        Did you read what you yourself posted? The owner said “The associations bylaws don’t expressly forbid planting flowers on your property” This came from Bois. Not the association. Why would you take her word for it when she does not even know she doesn’t own the property?

    • Bast Hotep

      Sounds like there was NO rule against this until they decided they didn’t like her doing it.

  • Jeremy Shortsleeves

    Every other article searched online named the condo association except this article.

    Their name is Atlantic Pointe condos, Portsmouth, NH. Give em h*ll.

  • RobertT

    If the bylaws don’t forbid it, she needs to sue their pants off.

  • Tor Bill

    Anyone catch the name of the condo? This should be made public for any prospective buyers…

    • krp

      At the same time, that would make it that much more difficult for her to sell and move out of there, if that were her plan.

  • Jeremy Shortsleeves

    Atlantic Pointe condos

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