Real Estate Law
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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.
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.
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.
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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.
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.
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.
Draft a suit for court, file it here and serve their agent for service or the president.
Self help for you here.
You would file it in your county with the court clerk in person, there will be a filing and service fee.
Reference to District Court
You can find your District Court for your county here.
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.
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.
Bye for now if you can rate 5 stars it is always much appreciated.