In 2017, Betty Hooker was approved for putting up a fence, but in March 2018, the HOA president said her fence encroached on communities’ communal areas, which was a wooded area, eight inches away from the fence. She received a letter from the HOA stating that they were going to take legal action if the fence isn’t moved. Betty Hooker received an estimate and went back and forth with the HOA on who was going to pay for it. The HOA filed a complaint in Circuit Court in March 2019, saying the fence was still encroaching and requesting a fine of $25.00 per day, dating back to November 2018, in addition to attorney fees and costs. Betty represented herself and lost, resulting in the judge ordering the Hookers to pay $22,000 in fines and $17,000 in attorney fees. Hooker requested an appeal while a sheriff was appointed to seize the home. During the appeal trial, it was made clear that the HOA ignored the due process and didn’t properly notify the Hookers of the inch of encroachment, resulting in the case being reversed and the Hookers were awarded costs.
