Owners’ Unapproved Construction Results in Judgment to Restore Property, Damages, a Restraining Order, and $318.426.00 in Attorney’s Fees

Case Summary:

In this case, two homeowners learned the hard way what can happen when you make major changes to your backyard without following your HOA’s rules. What started as a pool project grew into a full-blown construction dispute, ending in court—and costing the homeowners more than $318,000 in legal fees (plus a court order to tear out the unauthorized work).

Here’s what happened:

The homeowners submitted plans to their Homeowners Association (HOA) to build a pool in their backyard. That part was approved. But as construction went on, they started adding new features that weren’t in the original plans—including a pool equipment pad that crossed over into HOA common area.

When the HOA found out, they told the homeowners to stop the work and fix the issue. Instead, the homeowners pushed ahead. They added retaining walls, patio pavers, stairs, and other improvements—all without getting approval. Things got heated. One of the homeowners became verbally abusive and confrontational with board members and neighbors. Eventually, the HOA had no choice but to take legal action.

1) What the Court Ordered

After a lengthy court battle, the judge ruled in favor of the HOA and issued several strong orders: