HOA INTIMIDATION

-- LindaM36, in my experience, if you want informed answers on this, then you'd have to quote exactly what the covenants say about fencing. HOAs often do have the right to regulate what is on property that one owns, but property that is subject to covenants. The Courts see sovenants as a contractual agreement.

-- The HOA can do surveys of the members to its heart's delight. But ultimately, the legal authority to enforce the covenants lies with the Board.

-- Depending on what the Covenants say, the Board may also have the legal authority to create rules that have a basis in the Covenants.

-- Documentation of the grandfathering is critical.

-- Without documentation, fighting the HOA's demands that you reduce the height will be legally difficult.

-- If the covenants are silent about fence material and other non-height fence features, and are also silent about regulating fences in general, then you have a decent legal case to fight any demands to use a certain material and do other things with the fencing unrelated to height. In my experience here at hoatalk, you'd assuredly have to lawyer up.

You can vote no, but keep in mind this appears to be a CCR change that homeowners have to approve. If you get outvoted, you may have to live with this.

Your boundary survey may say the tree is yours (the fact it's the state tree has no bearing on this conversation unless there are city or county regulations regarding their removal), but there's always a chance you or the HOA are using the wrong survey. maybe you and the association should split the cost of getting another one done to verify where the boundaries are. Or you can pay for one yourself - you claim the fence is yours, get another survey that can verify it. Perhaps there's a survey already on file with a city or county agency somewhere that confirms your claim and you can request a copy.

Was the chainlink fence there when you moved in? Do your documents say anything about fencing around the community and where it's located - if so, it may be HOA property. Get a copy of your community's most recent reserve study, which should list the community's reserve items that the association is responsible for - is the chain link fence listed? That may also include the trees, as some associations pay for pruning and tree removal, especially if the tree roots (twice as long as the tree is tall, remember?) threaten a building foundation or caused sewer line disruption. If that's the case, you may be out of luck on that.

In the end, you'll probably have to consult a private attorney about this - good luck.

Personally, I don't know why people would combine a chainlink fence with a vinyl fence - that really looks tacky, but that's just me. And what's with the barbed wire - is this a prison???? I don't see how someone stomping up and down in your yard qualifies as "intimidation" - it's one thing if something more sinister happened, such as using lots of cuss words, but even then, unless he refused to leave if you asked him to or threatened to slap your face, this seems to be more of an adult temper tantrum (and yes, it IS inappropriate to behave like that)

You also need to determine if there if there is an easement granted to the association that would allow them to build and maintain a fence.

There are so many legal issues here.

For example:
Is the HOA fence on an easement? If it is, the HOA can probably modify or remove their fence even though it is on your property. Normally, they would be responsible for repairing any damage they caused to your property.

If not on an easement, does the fact that the HOA fence has been on your property for years, without challenge, constitute your acceptance? The same question for your fence being there for years, if the HOA never challenged it, can they do so now. There is probably a statute of limitations that applies.

I think only a lawyer or someone familiar with your state law can answer but they probably need a lot more information.