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The board’s tyrannical actions need undoing and unfortunately for the rest of the community it will likely mean more money lost to attorney’s and any settlements that may occur from any litigation. Kimberly needs an attorney that will go to bat for her and her rights. It appears from what I’ve read that the covenants are not specific to the situation; even if it were, there are requirements in place that the board must take before they administer fines, etc. If not, then they are likely going to be held to account not only by a court but by their fellow members due to their abuses of power at the expense of the community. It should fall under their fiduciary duty. If they willingly went after a member without following certain protocol a judge would likely find in the members favor and the board and community could pay a high price for the practice of ignorance with lost reserves, higher dues and or special assessments.
She was planting flowers and/or plants prior to the Boards existence and should be able to continue. The law states the “Board must be fair and reasonable” – not abusive. I believe a “Grandfather clause” should settle this.