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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 7078
Experience:  Just Answer consultant at Self employed
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I bought my home 5 years ago. It has a fenced patio built 18

Customer Question

I bought my home 5 years ago. It has a fenced patio built 18 years ago. It was approved by the board of directors at that time, after the City of Boca Raton (Florida) gave the corresponding permit. The fence protects me and my privacy, due to the fact that my living room, and the 2 bedrooms are facing the street. I got a final letter of violation from the HOA asking me to remove the fence and the patio. I asked their authorization to replace it, if they don't look good enough. But they confirmed to me that patio and fence have to be removed. I am really afraid of doing it. My house is located just in front of a bus stop, where many times undesirable people hang around.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: What can I do for protecting my rights.
JA: Have you talked to a lawyer yet?
Customer: I live in Florida. I didn't talked to lawyers, but I have an appointment with one this wedndesday
JA: Anything else you think the lawyer should know?
Customer: I have copies of the docs approving the fence 18 years ago.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

I am sorry , the site posted a prior response on your page. One moment please as I review your question.

Expert:  legalgems replied 3 months ago.

Thank you for your patience. I could only find authority for an HOA ordering the removal of a fence if it was constructed in violation of the HOA rules at the time of construction. If the HOA has previously authorized the fence, either via the governing documents in existence at the time or via a variance, such permission would continue to be effective. This is bases on the common law concept of contracts as the agreements between the HOA and homeowners are legally binding

Furthermore under the doctrine of "justifiable reliance" i.e. the homeowner relied on the HOA's permission, an equitable theory, the HOA s bound by that agreement. The attorney will likely draft a letter explaining this to the board. I hope this will resolve the issue without further hassle. Please let me know if you have questions on the above. If you feel I have earned a positive rating kindly don't forget to rate my services. Thank you!

Expert:  legalgems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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