Yep. In 2010, they lost because, in my opinion, the Board quit using common sense and neither side wanted to yield (although there are plenty of reports of each side wanting to compromise).
Look at the initial issue - a political sign was 4 inches too large.
a) who would take the time to measure it?
b) There has to be a back story to this (personality conflicts or something) that caused the issue to escalate like it did.
End result, as the story says, this case caused issues for all Associations in VA and possibly across the U.S. with the crux of the issues being what we have been discussing on this site for some time - READ, UNDERSTAND and COMPLY with your governing documents and applicable State laws.
I'm currently doing research for my Association on what our CC&R's allow for enforcement issues. What I'm discovering is an eyeopener. Based on our documents, for somethings we are allowed to fine. For other things we can't fine but can impound the item and charge for it's return. For other issues we can only seek remedy through the courts. This is going to be a big issue for my Association and likely all VA associations. Since it will be difficult to amend the CC&Rs and cost prohibitive to seek legal injunctions because someone left a trash can out, I foresee new legislation in the future, which, as we all know, is the cure for everything (typed sarcastically
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