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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36991
Experience:  Texas Attorney for 30 years dealing in real estate
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I want a 5 foot fence and the HOA regulates a 4 foot fence

Customer Question

I want a 5 foot fence and the HOA regulates a 4 foot fence but I was told before I moved into the new housing development that it was up to 6 feet so after I bought the home and they gave me the HOA book supposedly then I have to do my due diligence and find out it was only 4 feet. I want to take them to court
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 2 months ago.

Your first step here is to request a variance and set out your good cause to the HOA.You can argue they failed to inform you here when you bought it, you have security concerns or a pet that requires a higher fence, etc.See what response you get.And then you can file a civil suit against them for the denial arguing you deserved a waiver based on your facts.But writing here is a good first step they may agree to waive it or mediate it.Save you a lawsuit if you can get them to resolve it .That's you first step to try and do this inexpensively.And then a lawyer if they will not agree to do so.It also makes a good record that you tried to resolve in good faith.

I appreciate the chance to help you today.I hope you can resolve this with them.

Customer: replied 2 months ago.
I have already submitted a request over a month ago they denied it then I responded back with an appeal and I went to the committee board meeting this past Tuesday and I was told they would discuss it I receive the response the following morning this past Monday that they denied my appeal . I have multiple email correspondence with the VP of the board as well as the admin department and they have now sent me the most recent email giving me the contact information for their attorneys . In the initial appeal that was exactly what I stated I have to athletic dogs that can jump a 4 foot fence in addition majority of my neighbors in my cul-de-sac also have dogs that are walked with no leashes so these are potential liabilities and catastrophes what do you recommend I do given the circumstances at this point
Expert:  Ray replied 2 months ago.

You can sue them , they get sued a lot.This is unsafe and unreasonable for them to hold you to this rule.It puts you at risk of someone getting harmed by dogs or them running away.HOAs get sued here alot in Virginia.Youo can seek legal fees and orders to allow the fence.This rule may be unduly restrictive and really not in the interest of the members.

Expert:  Ray replied 2 months ago.

Lawyer for you here

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Expert:  Ray replied 2 months ago.

Lawyer for you here

Finding a Lawyer Using VLRS

Call(###) ###-####(metro Richmond)

Statewide and Nationwide Toll-Free Number:(###) ###-####/p>

Customer: replied 2 months ago.
your recommendation at this point is to administer a civil suit myself take them to court and hopefully create enough of an argument so the judge can rule in my favor ?
Expert:  Ray replied 2 months ago.

You may have great facts to present in court.This really is a ridiculous rule.It is a safety hazard--for that matter small children could scale such a short fence.I think you can here.It is unduly restrictive.HOAs are truly a giant unregulated pain no doubt.

Expert:  Ray replied 2 months ago.

You have a lot of arguments to raise, privacy would be another as well as safety for animals and children.Imagine a pool with 4 foot fence.Again thats a terrible rule in my opinion.I wish you the best here.

Customer: replied 2 months ago.
Ok thank you. One last question how easy is it to file a civil suit what paperwork is required and how soon can I see them in court ?
Expert:  Ray replied 2 months ago.

You would have lawyer draft suit, file it , serve them, you would have court say 30 days or so later.You can certainly try to expedite this. Also if you can have portable dog run in the interim.Its not permament fencing maybe work for awhile.You can also use it later if you have company but want the dogs out of the way.I have a pool and I used mine that way.Just a thought.

Thanks again.

Customer: replied 2 months ago.
Sorry. I meant what if I wanted to do this initially without a lawyer file a civil suit myself and represent myself and argue my own facts . What do I need to do ?
Expert:  Ray replied 2 months ago.

Draft a suit for court, file it here and serve their agent for service or the president.

Self help for you here.

http://www.wikihow.com/Fight-Your-HOA-(Homeowner-Association)

Thanks again.

Customer: replied 2 months ago.
Where on the website can I file it ?
Expert:  Ray replied 2 months ago.

You would file it in your county with the court clerk in person, there will be a filing and service fee.

Customer: replied 2 months ago.
Is there a helpful link you can send me on how to track a suit ?
Expert:  Ray replied 2 months ago.

You can find your District Court for your county here.

http://www.courts.state.va.us/courts/gd.html

Expert:  Ray replied 2 months ago.

It is pretty easy here, it takes about 30 -45 days they have to be served and have answer days and then it is set for hearing here on the merits.

Customer: replied 2 months ago.
do you offer a paid service where you can draft a suit for me but I will go to court to represent myself
Expert:  Ray replied 2 months ago.

No we are not allowed to do anything but answer questions, sorry the terms of service do not me to do this.You can use lawyer referral above for help there.

Thanks again I wish you the best here.

Customer: replied 2 months ago.
Ok I think I got it! Thanks
Expert:  Ray replied 2 months ago.

Bye for now if you can rate 5 stars it is always much appreciated.

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