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You should continue with the hearing take pictures of the existing fenced yard and if possible get a mock up of what it would look like with your fence in place.. You can also ask the request be brought to a full HOA meeting for consideration . Many of the By Laws have provisions for bringing questions such as fencing up for review. This may require you to get a petition signed with some minimum number of residents. You will have to read and become familiar with your covenants.
I know you wanted a wood fence, perhaps buyer and association could agree on a wrought iron fence. Being from Austin myself I have seem a number of this type of fencing on golf courses.
Failing a cooperating HOA , since a neighbor already has a fence you could decide to take the matter to court to force them to allow the fence to go in. Decisions on variances from covenants are either kept consistent or they must be struck. Refusing to allow you to have a fence after it was already previously approved for another may be deemed an arbitrary and capricious denial. Decisions that are arbitrary and capricious are usually not upheld by the courts.
Fighting for your right to put in the fence could be a lengthy and expensive process. Covenants are very difficult to get around. Ultimately you could try to get a ore friendly board elected.
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We have taken photos already and are prepared to present them. What you're really saying is that it's all up to their discretion as to whether they will grant this or not.
The issue is the wooden fence. We CAN have an iron fence but the buyer specifically wants a wooden privacy fence.
Thanks for your time.
If you cannot convince the HOA board to allow the fence you are pretty much out of luck. Historically covenants have been difficult to overcome. The cost of litigating a covenant issue can be large. You have an opportunity to attempt to successfully litigate since 1 fence is already in place.
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