Selective Enforcement question

Started by LaurenE • 2 replies • 501 views

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LaurenE (Massachusetts)
Posts: 1

Posted:

Hello! I live in a single home hoa community. We are looking to place a fence along the back of our property as our backyard abuts a very busy street and we have small children. We have applied for the fence and been denied. In order for the fence to be straight it would extend onto some common area space. If we put the the fence directly on our property line it would run diagonally into what our neighbors believe is their yard (since someone also approved for them to plant trees on our property). When our fence was denied we pointed out that several other home owners have fences that not only extend onto common space but enclose common space. The current board provided these homeowners with affidavits for them to sign, allowing them to keep the fences but acknowledging that some of the fence is on common area space. We have agreed to also sign the affidavit but have been denied. The reason behind the denial is that the other fences were installed previously when the builder was still in control of the board. Is this allowed? Should I also be able to sign the affidavit? Or do I not have a leg to stand on and should I just move on! Thanks!

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By LaurenE on 04/27/2021 6:27 AM
Hello! I live in a single home hoa community. We are looking to place a fence along the back of our property as our backyard abuts a very busy street and we have small children. We have applied for the fence and been denied. In order for the fence to be straight it would extend onto some common area space. If we put the the fence directly on our property line it would run diagonally into what our neighbors believe is their yard (since someone also approved for them to plant trees on our property). When our fence was denied we pointed out that several other home owners have fences that not only extend onto common space but enclose common space. The current board provided these homeowners with affidavits for them to sign, allowing them to keep the fences but acknowledging that some of the fence is on common area space. We have agreed to also sign the affidavit but have been denied. The reason behind the denial is that the other fences were installed previously when the builder was still in control of the board. Is this allowed? Should I also be able to sign the affidavit? Or do I not have a leg to stand on and should I just move on! Thanks!

-- In my experience, there is little assistance this forum can offer on this fairly complicated situation. I think you are stuck paying an attorney to get legal advice.

-- I can say that encroachments, by members, on common area are something that competent HOA attorneys // profane //, for liability reasons and the chances that disputes and litigation will almost assuredly arise. And indeed, here they are, arising.

-- I am sorry you are facing this battle, especially given that small children's safety figures in. I might very well figure it was worth the cost of an attorney and paying an attorney to write a letter to the board. Figure at least $5000, to start.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Get your property lines surveyed to help you with the tree argument as you plan your meeting with an attorney.

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