illegal double fence

I don't know how you could quantify damages as it's an aesthetic issue and aesthetic is typically a personal judgement thing. You could spray the area with weed killer which may help the aesthetic value.

If the fence is in violation of the CC&Rs (vs. the guidelines) you could bring legal action to enforce the CC&Rs. If the fence (materials, etc.) is in violation of the guidelines, this can be a harder issue as the guidelines are not necessarily a hard fast rule - they are what the name implies, guidelines. Guidelines are used as a standardization for the approving authority to aid in making the decision to approve or disapprove a request for the fence.

If your considering legal action, consult with an attorney.

Actually, seeking approval after the fact is advised all the time on this forum.

It depends on the wording in the covenants.

Example: if the covenants say no sheds. Then the Association may not approve sheds until the covenants are changed. However, if the covenants say no sheds without approval, then sheds are allowed if approval if received.

As many on this forum has advised others, IF the issue is the lack of getting approval, then all that has to happen is the member submits a request to the approving authority. If the approving authority approves it, then the issue is resolved. If the approving authority denies it, then the member needs to remove what they put in place.
This may be why the judge ruled the way he did.

In the title to this thread you refer to it as an "illegal double fence." If it is against the law, call the cops and have the offending owner hauled off to jail. Of course, if the cops don't make an arrest you can sue them, too, for diminishing the value of your property.

Or you could just grow up.

9 small homes?

Out of curiosity, what is the structure of the HOA? How big is the board? Are you on the board?

It sounds to me that this tiny neighborhood really doesn't want a HOA, or at least some of these covenants.

As for the double fence, I would suggest weedkiller for the time being but before the second fence was erected, did the owner communicate with anyone, such as their neighbors (you?) about putting up a fence?

I had a neighbor who wanted to do a fence when we already had a fence. We worked out an arrangement to where they continued from where ours left off. All was well.

James

You said earlier:

I took them to court but screwy judge said claim was not ripe since she thought retro approval would be ok since such a process "was not specifically prohibited" in the covenants.

You are not going to get anywhere arguing with the other association members. Your alternative is hire an attorney and go after it again legally, but this time be prepared.

Hope this helps.

I was the first president of the HOA. All 8 other neighbors are second generation owners and do not appear to want to follow covenants. Current treasurer had major unapproved landscaping done the day after a board meeting discussing such actions.

I simply have the neighbor from hell next to me. Too long of a story but broke all the rules and became angry when confronted with same. Another neighbor remarked that "every homeowner should be able to do what they want on their property". This is what I am dealing with and do not like the status of being the only lawman in town but it is what it is.

As to the purpose of an HOA here are some quotes from some books on the subject:

1) BE REASONABLE by Kenneth Budd...."reasonable restrictions, consistently enforced over time, preserve property values and maintain a high quality of life for residents".

2) THE HOMEOWNERS ASSOCIATION MANUAL by Peter Dunbar..." Properly run, it(the hoa)promotes the community concept and protects the community's property values."

There are other books with similar statements and I suppose everyone has their own opinion but bottom line is HOA's have rules that need to be followed. When you have a small HOA wherein a majority decide not to follow the rules it creates chaos.

A double fence does affect attractiveness which in turn affects property values. Same as a junk car in your backyard. Maybe not all potential purchasers are put off but enough to affect value-just hard to quantify in exact dollars.

An HOA that has surrendered its right to enforce its covenants also affects property values. I have been involved in HOA's for 20 years but not one this small. I will never buy into one again as there are too many buying into them with no intent to conform to the restrictions inherent in an HOA.

My original posting was not meant to be the basis for a general discussion but to see if others had a similar unapproved double fence issue at their HOA and how it got handled. As well as a retroactive approval process which from what I can or cannot find in any legal publication is a complete fiction. "Prior approval in writing" does not contemplate after the fact approval but enforcement of violations of unapproved structures.

I was told by one respected real property law firm to just install my own privacy fence and paint the "finger solution" in bright orange on the neighbor's side. Lawsuits are expensive and that may turn out to be the best solution. Although as they say for those who would seek revenge-dig two graves.