Is legal representiation required

A home owner has requested to build his fence on their property, but it falls in a ingress/egress easement. Should the board consult an attorney prior to review of his proposal? Note: the city planner reviewed his layout and was acceptable with it provided he recieved a signed letter from the HOA & layout of the fence with respect to the property lines.

A HOA only needs a lawyer to represent them in COURT. It's free to make these type of decisions unless there is some kind of illegal component. Matter of fact, it was OUR responsibility as Board members to review someone's fence/modification plans and approve it. Just because the City approves it doesn't mean the HOA does.

It sounds like the city is waiting on the owner to present plans just like the HOA is. There's nothing wrong IF the HOA asks for modification to the plan IF they know or see an issue. I would be careful of denying it unless it's against the rules of having a fence. However, from experience not all fence plans are created equal.

We had a fence that we had to have the owner cut down to 4 ft on one section. It was a corner lot and we had a NO front yard fence rule. However, due to the layout of the land and front door, the plan looked like it could be the front yard. Plus the major part was at the 6 ft height, it blocked the view of a STOP sign at the intersection. The owner was approved for the fence as long as they tapered down the fence. It ended up looking good, fit the owner's need with her dogs, and it was approved by the HOA. It was denied originally.

I would skip the lawyer advice until things get to a point where the owner refuses to operate under the rules and acts on their own. So far I see a group willing to work together to get a fence buiilt.

No, an attorney is not needed - simply reasonable judgement. After reviewing the request the architectural committee can decide whether to approve it, approve it with modifications, or not approve it. If it is not approved or approved with modification(s) the reasons should be stated on the architectural request form.

Hi Scott:

The homeowner needs to be sure and realize that anything constructed on an easement can be taken down for any reason to make any type of repairs to utilities or other items within said easement.

For example my lot has some utility easements; however, anything within that easement area (i.e., fence, landscaping, etc.) can be in essence “destroyed”. It is then up to me to make said repairs to any such items, as needed, if they are in essence destroyed with regards to access for easement repairs. In other words I chose whether or not to construct items within easement, but I am also responsible party with regards to potential future destruction of any said items.

Hope this makes sense …