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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 live in an how there are 8 villas and 24 townhouses

Customer Question

Hello .. I live in an how there are 8 villas and 24 townhouses in my neihborhood. I own a villa and I have a 4 ft fence with a privacy gate in the middle of my patio. The other villas as well except 2 have the same All other town houses have 6 ft fences. With full access to their whole patio. Can I change my fence. The hoa says they all must be uniform and that this is what I must have however my Neighbors villa has a 6ft fence.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Loren replied 7 months ago.
Good evening. I am Loren, a Florida licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 7 months ago.
Has the uniformity requirement not been enforced?
Customer: replied 7 months ago.
They couldn't find the original plans.. Which had all the villas with 4 ft fences so when replacing them they replaced 2 of the 8 with wood fences matching the other townhouses in the neighborhood. but then replaced mine w the old original 4ft fences.
Customer: replied 7 months ago.
I want to take down this part in the middle so I can utilize my whole patio
Expert:  Loren replied 7 months ago.
Do the bylaws require prior approval?
Customer: replied 7 months ago.
I have to read them but can there be a legal issue if mine is different or if I remove the privacy part
Expert:  Loren replied 7 months ago.
If they have not been enforcing the uniformity then they may have waived the right to start enforcing it now. Is the part you want to remove even visible from outside the patio? Are you planning to leave the rest of the fence?
Customer: replied 7 months ago.
I sent a picture I just want to remove the privacy portion to gain more space
Customer: replied 7 months ago.
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Expert:  Loren replied 7 months ago.
You need to check the bylaws to see if the plan needs to be submitted for approval. Do other units have the middle portion you want to remove?
Customer: replied 7 months ago.
The 2 neighbors fence was changed to a 6ft fence so they don't have the privacy fence but the other 6 units in the neighborhood are the same as mine .. All the town houses do. Not have privacy fences just 6tt fences all around
Expert:  Loren replied 7 months ago.
If the bylaws require permission then you need to submit a request. If the units are not currently uniform because they have not been enforcing the requirement then they have waived the right to stop you from removing the privacy portion, but you still need to check your bylaws.
Expert:  Loren replied 7 months ago.
Are you still online with me?