The Retaining Wall
HOA ordered me to tear down my retaining wall. So I did… The day my neighbor demanded I remove the retaining wall that had been holding an entire hillside steady for 20 years. I remember standing there with the notice in my hand, thinking, “Well, this is either going to be really funny or really expensive.” Turns out, it ended up being both.
Now, before you imagine some over-the-top Hollywood-style neighbor feud, you should know I’m not the kind of person who goes looking for trouble. My name is Luke Harper. I’m 47 years old, and I’ve been running a small landscaping business outside Eugene, Oregon since the late ’90s. Dirt, stone, drainage, grading—that’s been my world for most of my life.
Not glamorous work, but it pays the bills and teaches you a lot about how land behaves when gravity and water decide to have a conversation. And if there’s one thing I’ve learned after 30 years of digging trenches and fixing other people’s mistakes, it’s that hillsides always win. My home happens to sit on one.
Back in 2002, when my wife and I bought the place, it was basically the only property we could afford that had enough room for our kids and a small workshop for my equipment. The house itself wasn’t anything special. An old cedar place built sometime in the late ’70s, but the lot had personality—steep personality. Picture a slope dropping about 8 feet from my backyard down to the three houses behind me.
When we first moved in, the ground was soft clay and loose soil. And during the first heavy winter rain, the entire back section started slowly sliding downhill. Nothing dramatic at first—just small warning signs. Cracks forming in the soil, a fence leaning a little more every week. But when you work in landscaping, you learn to read land the way a mechanic listens to an engine.
And that hillside was quietly warning of trouble. So I did what anyone in my line of work would do. I built a retaining wall. It wasn’t fancy—not even close. I used old railroad ties I picked up from a salvage yard outside town. Heavy, rough timbers that smelled like creosote and history. The wall stretched about 35 feet across the back of my yard and stood roughly 8 feet tall.
Not attractive, but solid. Behind it sat around 180 cubic yards of compacted soil. That wall wasn’t decoration. It was the only thing keeping the hill from sliding into the neighbors’ yards below. Once it was done, the difference was immediate. My yard leveled out, and the three homes downhill ended up with flat backyards and dry basements.
In fact, one of those neighbors, an older man named Carl Jensen, used to joke that my wall was the best insurance policy he never had to pay for. For nearly two decades, no one complained about it. Not once. Carl and his wife lived directly behind us for years—kind people, the type who bring zucchini bread and wave while mowing their lawn.
The other two houses changed owners once or twice over the years, but no one ever had an issue with the wall. Most people understood something simple: it wasn’t pretty, but it worked. Then last spring, everything changed. Carl sold his house and moved to Arizona after his wife passed away. About a month later, a moving truck pulled up to the home behind mine.
Out stepped a woman in designer sunglasses, crisp white sneakers that had clearly never touched dirt, and the kind of confident stride that tells you she’s used to giving instructions. Her name was Vanessa Caldwell. I didn’t realize it yet, but Vanessa had just become the new president of our neighborhood HOA.
Now, usually, I don’t pay much attention to HOA matters. Our subdivision is small—maybe a dozen homes. And for the most part, the association exists to manage road maintenance and keep people from turning their yards into junkyards. Nothing too serious. But Vanessa was different. You could tell from the start she had intentions.
The first time we spoke was actually pleasant. I was in the backyard trimming some shrubs when she walked up to the fence line.
“Hi there,” she said with a bright smile. “You must be Luke.”
“I’m Vanessa. I just moved into Carl’s old place.”
I wiped my hands on my jeans and walked over.
“Welcome to the neighborhood,” I told her. “Carl was a good guy. You’ll like it here.”
She nodded politely, but I noticed her eyes drifting toward the retaining wall behind me. That wall had a way of catching people’s attention. She tilted her head slightly.
“So, that structure,” she said, “retaining wall?”
“Right.”
She paused for a moment.
“Is that permanent?”
I let out a small chuckle.
Let me tell you what happened next—and how the HOA president who demanded I remove my wall learned what happens when gravity gets involved.
“Is it permanent?” I repeated. “Yeah, it’s been here since 2003. Keeps the hillside from sliding into your backyard.”
Vanessa’s smile tightened. “It’s quite… rustic.”
“Railroad ties. Solid. Functional.”
“But not very attractive.”
I shrugged. “It’s a retaining wall, not a garden feature.”
She looked at it for a long moment. “Well, we’ll have to see about getting that updated. Something more in line with the neighborhood aesthetic.”
“Aesthetic?” I said carefully. “It holds back about 180 cubic yards of soil. That’s not aesthetic. That’s structural.”
“I’m sure there are prettier options,” she said brightly. “I’ll look into it.”
She walked away before I could explain why “prettier options” might cost $40,000.
Two weeks later, I got a letter from the HOA.
Formal. Typed. On official letterhead.
Dear Mr. Harper,
It has come to the attention of the Homeowners Association that the retaining wall structure on your property does not comply with current neighborhood aesthetic standards. Per HOA guidelines Section 4.7, all visible structures must be approved by the Architectural Review Committee.
You are hereby required to remove the existing structure and submit plans for a replacement that meets aesthetic requirements within 30 days.
Failure to comply will result in fines of $100 per day.
Sincerely, Vanessa Caldwell, HOA President
I read it twice. Then I called my wife.
“Honey, the HOA wants me to tear down the retaining wall.”
“What? Why?”
“Doesn’t meet aesthetic standards.”
Silence. Then: “That wall is the only thing keeping the hillside stable.”
“I know.”
“So what are you going to do?”
I looked at the letter again. Thought about 20 years of that wall doing its job. Thought about Vanessa’s designer sunglasses and pristine sneakers.
“I’m going to call a lawyer,” I said.
My lawyer, Tom, was a practical guy. I’d used him for business contracts before.
“Luke, do you have an engineer’s report on the wall?”
“No. I built it myself in 2003.”
“Did you get HOA approval back then?”
“There was no requirement. The HOA didn’t have an architectural review committee until about five years ago.”
“So it’s grandfathered in.”
“That’s what I thought.”
Tom read through the letter. “This is overreach. But fighting it will cost money. Legal fees, engineer assessments. Could run you $10,000 or more.”
“And if I just tear it down?”
“Then you need to build a new wall. Which will cost…”
“About $40,000 for a proper engineered replacement.”
Tom whistled. “That’s steep.”
“Welcome to hillside living.”
I decided to try reasoning first.
I requested a meeting with the HOA board. Showed up with photos, documentation, and a calm explanation of what the wall actually did.
Vanessa sat at the head of the table. Two other board members flanked her—both new to the neighborhood, both clearly deferring to her.
“Mr. Harper, we understand your wall serves a function,” Vanessa said. “But it’s unsightly. We need to maintain property values.”
“Property values?” I said. “That wall is the reason the three houses below mine have flat yards and dry basements. Without it, you’re looking at landslides every winter.”
“Surely there are more attractive options.”
“Sure. Cost about $40,000.”
She blinked. “For a wall?”
“For an engineered retaining wall that meets code and holds back 180 cubic yards of soil. Yes.”
One of the other board members shifted uncomfortably. “That seems… expensive.”
“That’s what hillside stabilization costs.”
Vanessa folded her hands. “Mr. Harper, the HOA has voted. The wall must be replaced. We’re happy to work with you on finding an affordable solution.”
“What’s an affordable solution that holds back 180 cubic yards of soil?”
Silence.
“Exactly,” I said.
The meeting ended with no resolution. The 30-day deadline approached.
I got another letter. Then another. Fines would start at $100 per day.
Tom called. “Luke, I can fight this. But it’ll cost you. And there’s no guarantee we’ll win.”
I thought about it. Thought about Vanessa’s smug certainty. About 20 years of that wall doing its job without complaint.
Then I had an idea.
“Tom, what if I just comply?”
“Comply? You mean build a new wall?”
“No. I mean remove the old one.”
Silence. Then: “Luke, that hillside will slide.”
“I know.”
“Into your neighbors’ yards.”
“I know.”
“You can’t do that on purpose—”
“I’m not doing it on purpose. I’m complying with an HOA order. They want the wall gone. I’ll take it down.”
Tom was quiet for a long moment. “That’s… technically legal. But it’s going to cause problems.”
“For them. Not for me.”
I sent one final letter to the HOA.
Dear Board Members,
Per your directive, I will be removing the existing retaining wall structure beginning May 15th. Please note that this wall currently retains approximately 180 cubic yards of soil. Removal will likely result in soil movement onto adjacent properties.
I have consulted with a structural engineer who estimates that without the retaining wall, the hillside will experience significant erosion and potential landslide activity during the next rain event.
I am happy to provide contact information for engineers who can assess stabilization options for affected properties.
Please let me know if you’d like to reconsider this directive.
Sincerely, Luke Harper
I waited three days. No response.
So on May 15th, I started taking down the wall.
It took two days. I removed the railroad ties carefully, methodically.
Neighbors came out to watch. Vanessa appeared on her back deck, arms crossed.
“What are you doing?” she called.
“Complying with the HOA order,” I called back. “Removing the wall.”
“But—you can’t just—”
“The letter said remove it. I’m removing it.”
