Tough s$^%. His property, not yours. Stupid home owners ASSociations.
Of course it is the fault of the home owner in the first place for buying a house covered by home owners ASSociation rules.
That is certainly the case. Condominium style ownership makes more home available to some, at the cost of mutual ownership of some part of the property.
For the owner in the article, it was particularly unsuitable for him to have possession of an exterior part of the property and to be responsible to maintain it to suit some standard other than his own.
Years ago I ran afoul of a city ordinance regarding the same issue. I was an absentee owner, through financial circumstances, and couldn't maintain the yard to the city's standards. I think they billed me twice for services they determined to be warranted.