Need a legal advice for " Gate over driveway"

Here is our bylaws:

17.4 (3)
Fencing or other imprudent obstructing devices across driveway , or which will interfere with the use of the driveways or garages , are not desired and must have special approval of the Committee .

I been told by the HOA when I was asking for approval :clearly interpret the by-laws to forbid any encumbrance on the driveway between the entrance and the garage.

In my opinion, it is not.
1, not clearly because didn't say gate
2, didn't stated no, it said the board can approve it.

How can I win this, i need a gate because too many burglary lately in my neighborhood . We live in TX , if it helps.
I attached a photo.
[IMG]http://i986.photobucket.com/albums/ae342/Atti_Mac/20150614_163458.jpg[/IMG]

It is too expensive... $225 / hour for a simple question ?

...I must be contagious...

Attila,

If your looking for a legal opinion, you need to ask an attorney. You will not get a legal opinion on this site.

Based on what you provided, I do believe that you are correct that a gate across the driveway is not prohibited. However, it does say that they are not desired and that any such gate requires special approval.

You requested said approval and the request was denied.

It was denied because, as your Bylaws say, they are not desirable and, apparently, you haven't provided enough of a reason for the Board/Committee to grant such request.

Now for your options concerning this issue:

1) Get yourself elected to the Board so you can be part of the decision process to perhaps change the opinion that said gates are not desirable.

2) Get yourself appointed to the approving Committee so you can be part of the decision process to perhaps change the opinion that said gates are not desirable.

3) Spend funds to consult with a local attorney who will have access to all of your governing documents, is knowledgeable of applicable laws and cases, and can provide you with options through the legal system.

4) Instal the gate without prior approval and hope that the Association doesn't take legal action against you to force removal or that, once built, any legal action can result in a compromise that will allow you to keep the gate. Please note, that even though this is an option it is not one I recommend. If this option is exercised, it would likely cost you far more than the $225 you don't want to spend for an actual legal opinion. Worst case, it may even cost you your home.

You don't need a lawyer to find out that a gate is an obstructing device.

The rest of the text (which I assumed was not word for word) says to me that the board is unlikely to approve a gate.

IMPRUDENT:

: not prudent : lacking discretion, wisdom, or good judgment

Synonyms
brash, graceless, ill-advised, indiscreet, inadvisable, indelicate, injudicious, tactless, undiplomatic, unwise

This is why I asked , because I wasn't sure what does at cover . I thought they only against fence over the driveway , or something permanent. Gate can be open, so it didn't make a point. Especially when at least other 15 people has gate in my neighborhood...

But they said the reason their "NO" is because the bylaws! The bylaws stated the board can approve it! Others have it, so I wanted to know why they are discriminating me...

> brash, graceless, ill-advised, indiscreet, inadvisable, indelicate, injudicious, tactless, undiplomatic, unwise

Well, yeah, but NONE of these seem to be a particularly good adjective to apply to a fence.

Maybe graceless (because a feathery fence could be graceful).

Just because it says the board is to approve does NOT mean they have to. It is up to their discretion on what they approve or not. You don't know the situation with the other fences except the people have them. Do you know if they are being fined for it? Have they been told to remove them? Were they grandfathered in? Does their location make sense to have? I know in our HOA what may work for one home does not work for others. Would you be the only one in your section to have it? That would look very odd and potentially unattractive to potential buyers.

So not giving enough details of the situation. Seems to me there is more reason to the denial than you are stating.

AttilaC Texas :

1- IF you cannot persuade an approval out of the committee nor new bylaws/ replacement Board members out of your fellow owners, at some point continuing will require that you develop or hire skillsets to challenge the validity of the by-law or of your HOA/condo or of both. respectfully , do Texas paralegals or lawyers work for free ? Does anyone else ?

2- Have you already erected the fence & gate ? Is what is shown in the photos what you already have in place or that you want to install ? No wonder the HOA refused. I would hate to live opposite that. Is it really privacy that you want ?

3 If its security, what makes you think a fence will meaningfully deter thieves & trespassers ? Dont' you live in Texas ? open carry for pre-schoolers etc ?

While I was posting the preceding, you indicated that the gate is actually already in place.

There is a difference between these :

"Once upon a time such fences & gates were legal if prior approved by our committee. We treat all applicants the same even though our criteria may evolve. We are not prisoners of the past. The same yardstick is applied uniformly even if the criteria may evolve from time to time "

vs

"Because we are biased we are refusing your request. If somebody else made it today we might approve it"

Well the thing is lot's of people in my neighborhood is on my side, and lot's of them tired of this people in the office. We will going together few of us tomorrow to the meeting, and will see what is going on. I think it is a time for changes...

This is what I try to do actually, get the community together , and get enough signatures.