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I live in an how there are 8 villas and 24 townhouses

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Hello .. I live in...
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: 1 year ago.Category: Real Estate Law
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Answered in 1 minute by:
4/18/2016
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34,961
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Good evening. I am Loren, a Florida licensed attorney, and I look forward to assisting you.
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Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Has the uniformity requirement not been enforced?
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Customer reply replied 1 year 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 reply replied 1 year ago
I want to take down this part in the middle so I can utilize my whole patio
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Do the bylaws require prior approval?
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Customer reply replied 1 year ago
I have to read them but can there be a legal issue if mine is different or if I remove the privacy part
Real Estate Lawyer: Loren, Lawyer replied 1 year 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?
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Customer reply replied 1 year ago
I sent a picture I just want to remove the privacy portion to gain more space
Customer reply replied 1 year ago
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Real Estate Lawyer: Loren, Lawyer replied 1 year 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?
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Customer reply replied 1 year 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
Real Estate Lawyer: Loren, Lawyer replied 1 year 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.
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Real Estate Lawyer: Loren, Lawyer replied 1 year ago
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