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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 90167
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I built a fence onto my deck after purchasing a condominium

Resolved Question:

I built a fence onto my deck after purchasing a condominium last summer, without submitting an application to the HOA Board for approval. I was told the specifications from the property manager, but he didn't tell me about the application process. I have tried to work with the Board members and the new property manager,but last week after months of not hearing from them I received another letter of noncompliance and told to take the fence down or they will do it at my expence. What are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Your right is to file a written appeal to the board asking for them to grant a waiver or permission for the fence and provide proof that the fence complies with the HOA guidelines. If the board refuses then the next step is you have a right to appeal their denial based on it being arbitrary and capricious, since your fence complies with the HOA specifications and thus an abuse of discretion. Unfortunately, you have to follow the appeal process to the board first and then would have to go to court to sue to get the court to order the board to comply with their bylaws.



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Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 90167
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 12 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

I feel like I have done all I can with this unreasonable Board. I sent them a letter today forbidding them to touch my property or I will file suit. I do not feel the property manager has been very instrumental in helping me reach a reasonable conclusion. Do the management companies typically have any persuasive value with HOA Boards? If so, maybe I could contact her manager to see if they have more power of reasoning with the Board.

Expert:  Law Educator, Esq. replied 1 year ago.
The management companies only have limited power with the board and the amount of power they have varies with the individual association.

You need to prove in court, if you sue, that you have exhausted all of your administrative remedies with the board, so you will need a written letter asking for their approval. This is all part of documenting your case for court. If you have a written denial from the board, then you can file a declaratory judgment action in court and prove their action was arbitrary and capricious and an abuse of their discretion and/or a failure to file their own bylaws.
Customer: replied 1 year ago.


thank you

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. Please do not forget to click on excellent service feedback, as that is the only way experts receive credit for working with customers.

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