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JackieS4 (Indiana)
Posts: 1
Posted:
My house is on a View Lot for a pond. The covenants state there will be no fences built on view lots. I’ve lived here almost 15 years and watched at least 5 or 6 fences go up on view lots. Management has recently changed and today I asked the HOA how to submit a plan for a fence I want to build around my backyard. The new manager pointed out to me that view lots are not allowed to have fences.....I pointed out that I was looking at at least 5 fences all around me...she pointed out that just because the past management allowed it, it didn’t mean it was right. I told her a precedent was set a long time ago and I wanted a variance just like all the other view lots with fences. She said she walls research it more. I told her if I don’t get a variance....I’m going to retain a lawyer and fight it. Can they just arbitrarily decide when they’ll enforce covenants?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JackieS4 on 01/22/2020 1:47 PM
Can they just arbitrarily decide when they’ll enforce covenants?
No. The law frowns on, and sometimes disallows, selective enforcement. I would wait until the manager gets back to you. If two weeks goes by without a response, report back here, and I will post a "demand letter lite" that you can send to the board (before you spend money on an attorney). Take this one step at a time. Do not install the fence without permission, for now.
ND (PA)
Posts: 792
Posted:
Jackie,
I agree w/ Augustin. To add to that . . . while I think you are also on the "correct" side of things, suggest proceeding slowly and methodically, with professionalism kindness and a positive attitude. You'll probably get much better results in a shorter period of time than if you immediately go on the attack demanding things, being combative, and threatening. While you may ultimately be correct, people don't respond well to that and you'll find yourself having to battle hard to get your way.

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