Fence Variance Issue

Good morning! Thanks in advance for your help.

We belong to a community that is still under construction by the builder. We were one of the first houses in the neighborhood and the builder issued us a variance to put up a 5' fence, even though the master deed/restrictions say it can only be 4'. Since we bought our house, the builder has sold the remaining properties to another builder. The new builder wants us to remove our fence. Do we have to? We have a written variance from the first builder.

Thanks again!

I hope the variance was in writing

At this point your only real alternative is to point out that a buyer of an entity assumes assests, liability and contracts in force when they buy an entity. The variance was a de facto contract, and you tearing down your fence and rebuilding it will impose financial damages to you, which you will need to recoup. Or you may want to keep the fence, as per your valid variance. Either way, call their bluff and say "I guess we will have to see what a judge says"