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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6106
Experience:  20 years professional experience
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I found it relative to a dog run . The HOA declined a variance

Customer Question

I found it relative to a dog run . The HOA declined a variance nd found article that deals with the same situation
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Probaly , but let me do my research first. Thanks
JA: Please give me a bit more information, so we can help you best.
Customer: Contractor installed a decorative fence for my yorkie, think a decorative fence 4' wrought iron did not require a permit as it only surrounded the patio. assoc said that I needed a permit, they require split rail only and remove the fence.
JA: Is there anything else the Lawyer should be aware of?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Maverick replied 10 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….1. Can you please state your specific legal question so we know what type of answer you are looking for?2. What does this mean: HOA declined a variance nd found article that deals with the same situation
Expert:  Maverick replied 10 months ago.
Are you there?
Customer: replied 10 months ago.
My contractor constructed a 4'wrought iron fence to surround the patio saying permit not necessary as the fence is a Decorative fence to keep small dog within confines of the fence. Requested variance declined on following basis'
1-Fence is acting as a dog run 2-Per deed restrictions [ Rules & Regulations ] the only fence permitted is split rail 3-Did not follow approval process
The rules also include "decorative open fences no greater in height of 48' [which mine is ] which may be erected in area designated as a "no build zone? [ which i cannot find their definition of "no build zone"
when I purchased the home in Oct 2015, the realtor was not aware of the so called deed restrictions and hence , i never received.
Also do not know how they come up with a dog run. Wouldn't that suggest all fenced in area's including yards for purpose of confining pet is a dog run. Also , could not find restriction for " dog runs" anyway.
Then of course item 3 refers to the failure to apply for a buliding permit.
Expert:  Maverick replied 10 months ago.
What city and state do you live in?
Customer: replied 10 months ago.
Gahanna,Ohio ---the development is Harrison Pond and the have an Association with the split rail fence requirement. City of Gahanna has the "Decorative" fence inclusion, but sounds like the HOA doesn't follow that .
Expert:  Maverick replied 10 months ago.
At this link you will find a city ordinance that defines "no-build zone" . See Section 1123.40A This is the definition that is likely to be employed since the HOA does not have that term defined in its CC&Rs. I did not find a definition for a dog run. At this link is OH law regarding declaratory judgments actions [DJA]. What you have is a situation where the HOA is trying to enforce rules which are not written or clearly defined. This then gives rise to an ambiguity which could allow the HOA to selectively enforce the rules; which is not permitted. The courts are charged with the responsibility of interpreting ambiguities and they do this by employing definitions for undefined terms by adopting what is generally used by others in the industry or trade in question. You may need to sue the HOA in a declaratory judgment action and present this as a legal issue for the court to interpret and define and then it will issue an order regarding whether you fence is in violation of the CC&Rs or not. Here is a sample complaint to use as a go-by.

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