A Thorny Mess Print
Tuesday, April 24 2012

A New Hampshire woman is being sued by her condominium association for growing a pretty little patch of flowers.

Kimberly Bois resides at Atlantic Pointe condominiums in Portsmouth, N.H.  Back in 2008, when her mother passed away, Bois sought permission from the developer to transfer her late mother's garden of daisies, bearded irises, lavender, hydrangeas and tulip bulbs in front of her townhouse.  According to news reports, Bois was given full permission at the time. But then in October 2010, a condo association was formed and a bylaw was passed stating that all landscaping work had to be performed by an outside company to maintain uniformity.

The condo association remained adamant that Bois tear up her flower bed.  Bois remained adamant that the written permission she received superseded the bylaw.  The condo association began fining Bois for each day she remained in violation.  The condo association is suing Bois for $5,500 in fines, plus $8,000 in attorney fees.  A lien has also been placed on her unit.

Bois, and another condo owner who planted some shrubs outside another unit, hired an attorney and attempted to settle the matter with the condo association, offering to pay the board $2000-3,000 in fines and remove the flowers.  The board has refused the offer.

"I guess it just goes to show that a condominium is the worst form of democracy ever invented.  They probably have less stringent rules in a penitentiary," Bois' and the other condo owner's attorney, Paul McEachern, said. 

"In all honesty, I wish I just let them have their way so I could [sell] my house and just move out," Bois added.

—Source:  mnn.com