HOA Fines Stand Even If Notice Wasn’t ‘Perfect,’ Court Rules

Case Summary: Thomas v. Patriot Square Homeowners’ Association (2025)

This case involved a dispute between a homeowner, and the Homeowners’ Association over whether the association provided proper notice before imposing a fine for violating HOA rules.

Homeowner kept chickens in a coop on his property, which violated the association’s governing documents. The HOA sent him notices via Certified Mail and email about a hearing to determine if he should be fined. Homeowner did not attend the hearing, and the board voted to impose a daily fine until he removed the chickens. When he neither paid the fine nor brought his property into compliance, the HOA sued him for declaratory and injunctive relief, attorney’s fees, and damages.

Homeowner argued that the fine was invalid because the HOA did not follow the specific notice method required by its Declaration, which stated that notices must be sent by “ordinary mail.” He claimed he never received the Certified Mail and rarely used email, meaning he was denied due process.

The trial court ruled in favor of the HOA, finding that even though the association did not strictly follow the Declaration’s notice provision, it had: