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If such a structure is against the covenants or bylaws of the association, the association has the right to prevent the structure from being built. The board is supposed to enforce the bylaws and if they have not enforced the bylaws and rules then any owner can file a complaint with the board. If the board is not enforcing bylaws and did not grant a waiver for the fence then the owners can file a suit for declaratory judgment
in the court to get the court to issue an order to the HOA to properly enforce their bylaws.
Of course, the board can legally grant a waiver to allow a homeowner to build a fence and if the board took a proper vote and the bylaws do not prohibit granting of waivers. You need to review your bylaws about that.
Maryland courts have held that there is no legal right of a landowner to a view, so blocking a view is not a legal cause of action in MD.
You need to review your bylaws, check to see if a waiver was properly granted for the fence and if not you can file suit against the HOA to make them do their job and enforce the bylaws if they refuse to do so.
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