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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am putting up a fence on the sides of my property. The HOA

Customer Question

I am putting up a fence on the sides of my property. The HOA president wants me to set back 1.5 ft to 2 ft in toward my house so that if my neighbor also wants a fence there will be room in between the two fences to weed whack. I don't believe he can make me do this. It should be first fence up. My neighbor can attach to me if he so wishes. My fence is going to be 4 ft high. The Board wants all fences to be 6 ft high but now realize that according to our documents they cannot enforce that restriction. So they are tring to make me come in the above mentioned footage in case my neighbor wants a 6 ft hight fence at a later date. Help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
This depends on the bylaws (the documents that created the HOA)...what do the bylaws say about this? Does the board have the power to enact this rule?

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