– NH Woman Sued For Planting Flowers In Her Front Yard (CBS Boston, March 19, 2012):
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.