Virginia HOA

Started by TedM4 • 4 replies • 441 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TedM4 (Virginia)
Posts: 1

Posted:

Question for the Virginia experts. We are a military family who own in a large HOA neighborhood. When we purchased three years ago the fence was dilapidated. We replaced it in a different style, but the same style as countless other neighbors. Fast forward to today and our house is on the market with an offer and we requested from the HOA the disclosure from the the HOA for the closing attorney. The HOA sent a letter informing us to tear the fence down before the sale as it is in violation. Meanwhile the same style fence can be found at every tenth house and most are older than ours.

Is this selective enforcement? Is it worth fighting? If we never put the house on market I assume no action on boards part.

Thanks for any thoughts.

SheliaH (Indiana)
Posts: 6,964

Posted:

I'm not from Virginia, but similar situations can (and have) occurred in other states.

When you replaced your fence, did you check your documents to see if prior approval from the Board was required? If so, and you got something IN WRITING stating your request was approved (I hope you kept a copy of that letter), you could show it to the board and see what happens next.

This is why you assume nothing regardless of what your neighbors did. It may be their fences went up at a time when the previous board didn't enforce that CCR. You may also be a victim of bad timing - another board is running the show and now they're cracking down on exterior changes that were done without board approval.

To that end, has the Board ever said (perhaps in a newsletter article) that CCR violations like this were going to be enforced effective X date? Just because there hasn't been enforcement in the past doesn't always mean that CCR is deemed unenforceable because no one has - determining who's right may be up to a judge.

Selective enforcement may be a possibility, but that may also depend on the type of relationship you've had with the board in the past. If there's been skirmish after skirmish on trivial stuff, you might have an argument, but you'll have to prove it and that could be a challenge. As to whether it's worth fighting, you'll have to decide - would the cost of tearing it down be worth the time and money you'll need to spend to duke it out in court? If you lose, you might have to tear the fence down AND pay your legal expenses plus that of the Association.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DeidreB (Virginia)
Posts: 113

Posted:

Hi Ted, not uncommon. Some "professionally managed" HOA's will conduct pre-sale covenant inspections in Virginia as they can charge the seller for the inspection as part of the disclosure package.

Often that is when they find inconsistencies between established guidelines and existing fences, decks, porches and sheds etc....

I recommend you call your HOA management company community manager and have a nice chat with him or her and ask for leniency since it appears that there are other fences just like yours. Ask him/her if you can request approval for your fence after the fact and explain your reasonable circumstances.

It is not selective enforcement as the inspection was done pre-sale for your house and other homes going on the market may have a similar inspection when the time comes if the company or board elects to do so.

See Va Property Owner's Association Act, 55.1-1810 for more info

TimB4 (Tennessee)
Posts: 21,059

Posted:

Ted,

Your failure was to seek approval to change the design/style of your fence.
Expecting that you kept the same footprint, height, material and gate locations as the old fence (just the style changed):

Contact the board saying you realize your error and apologize for the error of not obtaining prior approval.
Include a request for the style of fence, citing the locations similar styles are found within the development (list as many as you can).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 02/24/2020 3:12 PM
Ted,

Your failure was to seek approval to change the design/style of your fence.
Expecting that you kept the same footprint, height, material and gate locations as the old fence (just the style changed):

Contact the board saying you realize your error and apologize for the error of not obtaining prior approval.
Include a request for the style of fence, citing the locations similar styles are found within the development (list as many as you can).

I agree.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here