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DanielW3 (Nebraska)
Posts: 1
Posted:
I was planning on putting a new fence in. My HOA guidelines state that I must "send a letter addressed to the Townhome Association Board of Directors, with a plot plan, showing your townhouse, lot and dimensions of the fence with distances to your property lines. Include an elevation drawing of the fence with dimensions on it for height, etc. The Board will then meet for approval or denial of the fence."

I did all this and more, I even had a professional fencing company draw up all the blueprints, elevation drawings, property lines, etc.

My neighbors on both sides of me just had fences approved and installed last month. To ensure that my fence would be approved I used the exact same company and style of fence that they used for the proposal. In short the fence was going to be exactly the same as the two fences that were just approved.

I submitted my proposal to the HOA and received this response today “I wanted to let you know before you go any farther on the fence that I brought it before the Board and they put a moratorium on any more fences at (neighborhood name) until the Annual meeting in November. There are many issues that are coming up with the fences which are being installed by homeowners and the Board feels that this needs to be addressed and discussed with the members of the Association in November."

My questions are

-Can they do this? There have been 4 fences built this summer on my street, and two within this month right next to me. All of the fences have been 6'x6' white vinyl, I was not proposing anything new, I followed guidlines, and furthermore I think my street looks really weird now that all my neighbors have fences and I don't.

-Is it legal to approve 4 fences and then deny the 5th fence?

-Could I take legal action?

I just purchased the townhome last month and was of course told that I could build a fence. I would not have purchased the townhome otherwise. I have two little dogs that need a yard and November is a long ways away.

Thanks!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DanielW3 on 06/20/2012 8:46 AM

-Can they do this? There have been 4 fences built this summer on my street, and two within this month right next to me. All of the fences have been 6'x6' white vinyl, I was not proposing anything new, I followed guidlines, and furthermore I think my street looks really weird now that all my neighbors have fences and I don't.

Can they do this, yes.

I'd suggest requesting a hearing before the Board. At the hearing be polite and explain that neighbors on each side of you have had fences approved. That your request complies with the guidelines and matches the fences on either side, therefore aesthetics should not be an issue.

Explain the safety concerns associated with your pets and the concern of an appearance of favoritism by approving past fences and not this one. Then ask, what are the Board concerns and how can you address them to have this fence approved.

Again, be polite.

Quote:
Posted By DanielW3 on 06/20/2012 8:46 AM

-Is it legal to approve 4 fences and then deny the 5th fence?

Probably.

Even if the CC&Rs don't prohibit fences, the Board has the right of approval/disapproval.

Quote:
Posted By DanielW3 on 06/20/2012 8:46 AM

-Could I take legal action?

You can always take legal action for anything. The question is, would you win. For that answer you need to consult with a local attorney.

However, I don't think it's time to consult an attorney. Instead, ask for a hearing before the board to discuss your request in person.

Quote:
Posted By DanielW3 on 06/20/2012 8:46 AM

I just purchased the townhome last month and was of course told that I could build a fence.

If it wasn't the Board that told you a fence could be built, then it was just a sales pitch.

You may want to bring this up in your hearing with the board. Not that you were told but that potential buyers see fences and expect that they can build one too. If they cannot this could impact sales (as realtors will begin to steer buyers to other areas). If sales are impacted, then property values may be impacted as well.

Good luck.

Tim
CarolR11 (Colorado)
Posts: 2,563
Posted:
What are the "HOA Guidelines" that you refer to, Daniel? Are they a part of your HOA's CC&Rs? Or part of some other governing document in your HOA?

Who wrote these guidelines? The board? Are they signed and dated? By whom?

I'm trying to figure out if the board actually has the authority to put a moratorium on fences.
LawrenceC1 (Georgia)
Posts: 480
Posted:
Daniel,

The authority to rule on applications for exterior modifications (including fences) is not absolute. Even if your CC&Rs say the board or architectural committee can review and reject applications, they cannot be arbitrary or capricious. If they are, this is "selective enforcement" -- which is illegal.

The CAI has a good article about selective enforcement posted here.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dan

I agree with what Tim says. They can do it and honey attracts more flies then vinegar.

Also they have just said a moratorium which is just a delay. It is not a rule change, ban, etc.

Make nice, be nice. Do not demand.

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