HOA Lawyer Warns Homeowner of Thousands in Fines for Adding Mulch

Anastassia Olmos, an investigative reporter with Atlanta News First, presented herlatest HOA storywith a line that seems almost ridiculous until you learn what came next: “Much ado about mulch.”

In her report, a first-time homeowner from Marietta mentions that she replaced pine straw with mulch in her garden beds, resulting in thousands of dollars in penalties, a lien on her property, and a strongly worded letter from the HOA’s attorney that sounds like it was taken from a legal thriller.

The property owner is Danielle Reyes, who informed Olmos that she relocated from California to Georgia in July 2024 and put in significant effort to purchase her initial home. She mentioned she never expected mulch to lead to what she described as “a total nightmare.”

Olmos did not portray it as a straightforward complaint regarding overly critical neighbors. Instead, she presented it as an illustration of the complexities that can arise with HOA authority when combining ambiguous regulations, various intermediaries, and a board that residents claim enforces rules inconsistently.

And soon as attorneys become involved, the atmosphere changes quickly.

I Just Want It To Cease

Olmos went to visit Reyes in the Glen Meadows neighborhood of Marietta, and the initial scene shown to viewers is the homeowner’s weariness. Reyes shared with Olmos, “I just want it to stop,” referring to the situation as a nightmare that seems never-ending.

In the report, Reyes stated it’s “unbelievable” that she is being charged for mulch. However, the financial aspect is just one part of the issue. She also explained the sensation of being observed and singled out, as if the HOA has turned into a persistent presence hovering over her home.

Olmos incorporated vivid imagery from the local area – such as Reyes’ Halloween decorations. Reyes joked with Olmos that she hoped the eerie display would deter the HOA from taking any action against her house.

This aspect is effective as it illustrates the actions individuals take when they sense being trapped: they use humor, employ symbols, or do anything to regain a sense of control.

However, Olmos presented what Reyes claims is the actual sequence of events showing how “just mulch” became a financial and legal issue.

The Compost That Ignited the Flames

Olmos stated that Reyes switched from pine straw to mulch in April. Shortly thereafter, Olmos mentioned that footage from the Ring camera showed the neighbor outside, looking agitated, as the HOA vice president directed Reyes and the workers on where to position the mulch.

Olmos also mentioned the cell phone footage that Reyes captured, which showed the neighbor—whom Reyes identifies as the HOA board treasurer—sweeping away leftover mulch from her side of a brick wall.

That’s the point where this stops sounding like a typical HOA message and starts feeling like something more personal. When board members are physically present at the edge of your yard, it no longer seems like “community guidelines.” It starts to feel like a neighbor conflict with enforcement authority behind it.

Reyes informed Olmos that she thinks the situation began following a disagreement about tree branches. Reyes mentioned that she trimmed branches from a neighbor’s tree that were extending over her roof, and she feels the subsequent issues were a form of punishment. As Olmos put it, Reyes thought “there might be something more happening behind the scenes.”

Then the documentation started.

Covenant Guidelines, ACC Documents, and a $25-Daily Penalty

Olmos stated that shortly after, Reyes was sent an HOA violation notice that referred to community covenant regulations. The critical part, as Olmos described it, is the provision stating that no external construction, addition, or modification can be carried out without written permission from the architectural committee – commonly known as the ACC.

The letter further stated that Reyes had already been informed twice and cautioned that she would face a $25 daily charge. Reyes told Olmos that this didn’t make sense, as she claimed she had never received those previous warnings.

This is where Olmos examined the documents. She noted that ACC guidelines in the neighborhood indicate that a landscaping plan does not need to cover existing flower beds with pine straw, bark, or mulch, whereas other materials must receive ACC approval.

That point is significant because it touches on the core of Reyes’ argument: she wasn’t constructing a deck or erecting a shed. She was concealing earth.

Olmos also mentioned that Reyes contacted Tolley Community Management, the HOA’s management company, as well as the HOA board. She also recorded a phone conversation with the HOA vice president in June. During this call, Olmos stated, the vice president indicated that the treasurer had acted without seeking input from the entire board. The vice president described the actions as being taken incorrectly and expressed his belief that the fines should be dismissed.

As per Olmos, the initial penalties were dismissed. However, Reyes was informed that a revised violation would still be issued.

Even after acknowledging that something had been mishandled, the machine continued to operate.

And in HOA conflicts, once the process begins, it’s hard to halt.

Boundary Lines, Law Enforcement, and a Conflict That Refused to Remain Minor

Olmos stated that Reyes hired a surveyor to mark the boundaries of her land, leading her neighbor to claim it was an invasion and to contact the police. In Reyes’ video, Olmos mentioned that the neighbor told her, “This is on my side of the property; you didn’t have permission for this.”

Olmos stated that the officers informed the neighbor that the surveyor was acting within his legal rights and requested the neighbor to return indoors.

From the outside, this may seem like a simple boundary dispute. However, within an HOA conflict, it transforms into a battle for control: who has authority, who is trusted, and who faces consequences.

Olmos also mentioned visiting residences within the neighborhood where liens had previously been placed, aiming to determine if this was a singular occurrence or part of a larger trend.

She stated that court records indicated there were liens in the neighborhood, and Reyes mentioned that the previous homeowner of her house was allegedly involved in HOA issues as well, to the extent that it caused a delay in the closing process because outstanding debts needed to be settled before the sale could proceed.

That’s the aspect that causes people to feel anxious. A lien isn’t just painful – it holds you back. It can make your home difficult to sell or refinance.

Then, as Olmos stated, the “corrected” infraction occurred.

Selective Enforcement, and the Issue of Having No Referee

Olmos stated that another resident informed her she applied mulch without permission and was never issued a violation. Reyes referred to it as “clear selective enforcement,” and Olmos mentioned that several neighbors agree they think the HOA applies rules inconsistently.

Olmos brought up a significant legal consideration: she mentioned that HOA lawyers state that selective enforcement is against the law in Georgia, although there is no organization responsible for overseeing HOAs.

That’s a significant structural problem, which is why many homeowners frequently feel powerless. Courts are available, of course, but legal actions can be costly and dangerous, particularly if the HOA has the ability to transfer legal fees to the homeowner as per the documents.

Olmos involved attorney Matthew Tokajer from Tokajer Law, who informed her that HOAs possess “the power of a small government,” and there is no superior entity to appeal to unless you take them to court, potentially facing their legal costs.

That is the silent warning lurking behind nearly every HOA conflict: you can take action, but taking action comes with a price – and at times, the system is structured to make you spend even more for attempting to do so.

“Be Governed in Accordance With,” And the Letter That Shifted the Tone

The most unsettling part of Olmos’ report is the cease-and-desist letter sent by HOA attorney Frank Olson. Olmos mentioned that Reyes was billed almost $700 for just that one letter.

Olmos cited the warning language that instructed Reyes to stop any additional communication with board members or the property manager, and cautioned about “immediate and serious financial consequences.”

Then emerged the line that remained: “Be governed in that manner!”

That statement feels like a warning since it’s phrased to seem formal, as if the homeowner is being informed by an authority figure.

That’s precisely what concerns individuals about HOAs: the feeling that you’re interacting with a power that can impose financial penalties, and there isn’t an easy method to challenge those decisions.

Olmos also mentioned that the letter contained a strong statement implying that if Reyes didn’t appreciate her neighbor being on the board and having input regarding her property, she “might have thought about that before” intensifying the conflict.

Regardless of what others may think about Reyes’ method, the tone is hard to ignore. It comes across more as an attempt at control rather than resolving disputes.

Here’s my perspective: when a disagreement within a neighborhood escalates into legal threats, the focus shifts from maintaining the area’s appearance. It then becomes about exerting control. A community group should never come across as attempting to intimidate a resident into staying quiet.

The Management Company’s $100 Email Scam

Olmos also mentioned something that wasn’t included in the initial story, but she brought it up during the segment: the homeowner stated that the president of the management company, Mike Tolley from Tolley Community Management, threatened that any future emails from Reyes would cost $100, and he intended to have the association add it as a specific charge to her account for harassment.

Olmos mentioned that she examined the covenants and Tolley’s agreement, and she did not come across any provisions indicating that homeowners could be penalized merely for maintaining communication with management.

Olmos highlighted a key lesson: property owners should understand that if something isn’t included in the covenants, it might not be enforceable as a significant consequence, and any “rules” established by the board must still comply with the guidelines set forth in the official documents.

Nevertheless, the impact of a threat such as this is clear. Even if it is not legitimate, it can cause someone to fear speaking out altogether.

And if you are unable to communicate with the board or the manager, your sole “discussion” ends up being a bill from the HOA attorney.

Who’s in Charge of This HOA?

Olmos introduced an additional element that made the story seem even more bizarre: she mentioned that the HOA president is currently campaigning for a seat in the U.S. Congress in Chicago, Illinois, and she shared a campaign video that was released around the same time as the police incident and the updated violation.

That doesn’t alone demonstrate any misconduct. Individuals often campaign for political positions.

But given the residents’ claims of biased enforcement and careless procedures, it brings up an uneasy question: how much attention can leadership give, and who is actually making decisions within the HOA on a daily basis?

Olmos also mentioned that Reyes was allegedly elected to the board as secretary via write-in votes, although she claims she was never formally added. Olmos stated that in recorded conversations, Reyes was informed her neighbor said she had given up the position.

Therefore, Reyes is in an unusual situation where she might have been elected but is viewed as an outsider, while also facing fines and threats as a resident.

It’s chaotic, and Olmos portrayed it as such: too many people involved, too many responsibilities, and not enough clarity.

The Hidden Anxiety of “Just Move”

As the story neared its conclusion, Olmos posed the common question that people often raise: if the homeowner feels threatened, why not simply relocate?

Then she responded to it. Olmos mentioned that it’s challenging to sell a home that has a lien against it. Reyes also informed her that previous liens associated with the property caused delays in the closing process before.

That’s why conflicts within HOAs escalate. Individuals aren’t merely debating about landscaping materials. They’re discussing whether they can maintain their home, ensure financial security, and reside without ongoing anxiety over the next official communication.

Olmos stated that the conflict between the HOA’s legal representative and Reyes’ attorney regarding the removal of penalties is still ongoing, while the neighborhood is focusing on the upcoming elections and the potential formation of a new board.

Reyes informed Olmos that she isn’t willing to let go. She desires the “correct action” to take place.

To be honest, that’s what makes this story so easy to connect with. Most people don’t desire conflict with their neighbors. They long for a regular life. They wish to grow flowers, spread mulch, and rest peacefully at night without worrying if an email might result in a $100 fee or a legal claim.

Olmos’ reporting highlights one key point: when a homeowners association begins functioning like a small government without an impartial overseer, “just follow the rules” ceases to be straightforward guidance. It transforms into a risk—since the rules can be understood, applied, and used as tools of power by those in charge.