Home is where the heart is. If you don’t follow the rules of your homeowners association, it’s also where the fines, angry neighbors, and legal fees are. Such is the case in a Virginia suburb, as a former board member who has waged an ongoing war against the Potomac Yard Homeowners Association may soon bring the battle into a courtroom.
On November 8, 2025, a Virginia Circuit Court judge denied the Potomac Yard HOA’s motion to dismiss a civil lawsuit brought by Frank Capone, a resident who had amassed thousands in fines due to violations contained in the HOA’s 89-page rulebook. Capone’s filing questions parking spaces and the rules on home decor, with a vow to further challenge the Potomac Yard HOA’s dictates if this complaint is successful.
Is Capone an unsung hero to oppressed homeowners everywhere, or a self-important crank who believes himself above the rules he agreed to live under? It’s probably easy to discern which side most of his neighbors are on, as their legal bills increased almost sixfold during the two years Capone was a member of the Potomac Yard HOA Board.
It’s Our Way or the … No, it’s Just Our Way
While differences abound, most homeowners associations (HOAs) share the same DNA. HOAs are the governing bodies for common-interest housing communities, often part of developments that include townhouses, condominiums, or planned communities. Most collect a monthly fee from each member, which is used for upkeep of common areas, maintenance like plowing and landscaping, and other expenses.
A board of elected residents enforces the HOA’s rules, which can include limiting permitted house colors, setting deadlines for the removal of seasonal decorations, and assessing fines for violations. The theory is that setting shared standards helps keep the real estate value up for everyone in the association. While being told when your lawn needs mowing or what kind of fence you’re allowed to put in might sound overly restrictive to some, over 20% of Americans are part of an HOA.
Potomac Yard was built on the site of a former railyard in Alexandria, Virginia, a suburb of Washington, D.C., in 2015. The Potomac Yard HOA doesn’t allow certain common backyard items, such as garden sheds, clotheslines, or birdbaths. Changing a townhome’s hue is generally not permitted, and all outside door hardware must conform to the single permissible color.
Capone’s battle with the Potomac Yard HOA began in 2021, when he received a notice to take down his holiday lights a few weeks after Christmas. Instead of putting them away until next December, Capone went in the opposite direction. Not content with leaving up his lights, Capone also planted Mickey Mouse banners in flower pots, wrote political messages in chalk on his driveway, and flew unapproved flags. As his assessed fines rose beyond $5,000, Capone decided to take on the HOA from a decidedly different angle.
An Inside Job
Capone ran for and won a seat on the Potomac HOA’s board later in 2021. Board meetings became fractious and contentious, as Capone accused the board of overcharging residents through landscaping fees and railed against a private street parking earmarked for owners of townhouses that didn’t have garages. Legal fees increased by over $100,000 during his tenure. Members filmed Capone’s outbursts and posted them to social media.
After two years, the other board members organized a vote to remove Capone, which resulted in a 405-4 vote against him. He was unsuccessful in ensuing bids to be re-elected to the board and had opted for a legal approach instead.
Along with his wife, Capone sued the Potomac Yard HOA over the private road allocated for parking to those lacking a garage. He argues that since the entire HOA pays for it, reserving it for specific homeowners is illegal. He also challenged the HOA’s provisions against outside decorations, claiming that legal loopholes exist to allow the placement of bird feeders and flags.
Capone has promised to use a legal victory as a springboard for other lawsuits. Win or lose, any July 4th barbecue promises to be extremely awkward at Potomac Yard next year.
For readers who are sympathetic toward Capone and perhaps not on the best terms with their own homeowners association, FindLaw has more information on resolving HOA disputes.
Related Resources
- 7 “House Rules” To Look for in HOA Agreements (FindLaw’s Law and Daily Life)
- Homeowner Association Basics (FindLaw’s Owning a Home)
- Initial Court Documents in Civil Lawsuits (FindLaw’s Filing a Lawsuit)
