A family in Acworth, Georgia, is facing controversy after being hit with a HOA garden fine of $25 per day by their Homeowners Association for growing vegetables in their front yard to save on living costs and feed their children.
Front Yard Garden Sparks $750 in HOA Penalties
According to local media outlet Atlanta News First (ANF), couple Alexandria Duarte and Shawn Richardson have been growing chili peppers, tomatoes, and herbs in large container gardens in their front yard. However, the HOA claimed the garden was unsightly and demanded its removal. When the couple refused, the association began levying a $25 daily fine starting on the 28th of last month. With Halloween about a week away, the accumulated fines quickly approached $750.
The couple stated that some of the garden pots had been in their front yard for nearly two years. However, they received a community violation notice from the HOA management company last June simply demanding the removal of the front yard garden. Duarte believed that cucumber trellis supports installed this year were the issue and removed them at the end of the summer, but the HOA targeted the entire garden setup.
Strict HOA Rules and Compromises Rejected
While the HOA rules do not explicitly prohibit vegetable gardens, the board is empowered to designate any facility as a “nuisance” if it is deemed poorly maintained or damaging to community aesthetics. Duarte noted that she even offered compromises, such as painting the trellis supports a color approved by the HOA or surrounding the garden with bricks and stones, but these proposals were rejected.
In an audio-recorded appeal hearing, the HOA president stated that complaints regarding the garden had been received from four different residents. The management company hired by the HOA also maintained that the garden was visually unappealing.
Economic Hardships and Upcoming Legislation
Economic reasons also make it difficult for the couple to give up the garden. Duarte explained that their financial situation is not abundant, and because some of their children require a special diet, homegrown vegetables are a valuable help to the family’s nutrition.
During its regular session this year, the Georgia General Assembly enacted a Homeowners’ Bill of Rights, establishing a procedure for homeowners to challenge HOA fines. However, because key provisions of this law will not take effect until January of next year, the Duarte family is unable to utilize these new legal protections immediately.
