A MOM’S fight to build a backyard fence has landed her with a $200,000 settlement after a five-year legal battle that ended in federal court.

Lisa Newman became tangled in a lawsuit with her neighbors after she set out to build a fence allowing her five kids to play in their backyard in De Pere, Wisconsin, about five miles south of Green Bay.

Newman and her husband reached out to the homeowner’s association for Nazcr Trac, their neighborhood, seeking special permission to build one in 2019.

However, the HOA said no due to a 2001 rule saying “no fences of any kind shall be allowed” in the neighborhood.

“They just wanted to fight us on it,” Newman told local NBC affiliate WGBA-TV.

“And I don’t know why.”

All five of Newman’s kids have been diagnosed with Autism Spectrum Disorder as well as “physical medical complexities,” Newman said.

Fueled by her concerns for her kids’ safety while running and playing on their property, the family filed a federal complaint against the Nazcr Trac Property Owner’s Association in 2021.

“It was just one more barrier. And it was like, why?” Newman said.

“We just want our kids to be able to enjoy outside and keep them safe.”

The next year, a judge granted the family a temporary court order under the Fair Housing Act.

The fence finally went up.

“It was very exciting,” Newman said.

The family had two years of fenced-in bliss before the hammer came down on the neighborhood.

In August 2024, a settlement revealed NTPOA would be forced to fork over $200,000 to the Newmans.

All HOA members were required to pay $1,350 to the family to make up for the amount.

What is an HOA?

One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?

• An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
• Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
• They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
• Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
• They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
• Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
• An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
• Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
• HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
• But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.

Newman said she feels “not great about it.”

“It’s just a really unfortunate situation, I think, for everybody involved, and the board kind of made that decision for everybody,” the mom said.

‘CHOICE WORDS’

Neighbors who remained unnamed told WGBA-TV they were furious with NTPOA for never disclosing the situation.

“There’s a large representation of people who are saying some very choice words in regard to the board’s actions,” one homeowner said.

“They made the decision and never gave the decision to the affected homeowners,” another complained.

A third added, “When the fence went up, most people didn’t even realize that there was a fence there. It’s very unassuming.”

“If the board had polled us as members, a large amount of the members would have said, ‘Absolutely, let the family do what they need to do to take care of their family,'” another neighbor said.

WHAT’S NEXT

When the NBC affiliate asked Newman if the fence was worth the hassle, she said the question was “complex.”

“Due to the emotional distress, and you know, the fact that our kids suffered – there’s a lot of great things about being outside,” Newman said.

“You get a lot of sensory integration.”

While a majority of the neighborhood has paid their dues since October, court records show that some still haven’t – and some residents told WGBA-TV they don’t plan to.

Some neighbors have even received letters telling them to pay up “to avoid becoming defendants in a new legal action.”

The HOA has been left without leadership since August 2024.

The association hasn’t responded to The U.S. Sun’s request for comment.