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I had a fence put up and it exceeded on to unmaintained

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common area. A neighbor complained...
I had a fence put up and it exceeded on to unmaintained common area. A neighbor complained and our hoa is requesting that we have a survey done and the fence moved back. We fenced to where the property was grassed to but now the hoa has informed us that they will not maintain the area back there. We have keeled up the maintain back there since we bought the property. Should we move back the fence even if it's only about 5 feet onto common area?
Submitted: 1 year ago.Category: Real Estate Law
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10/1/2016
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 28,733
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

Has the HOA informed you of what action, if any, they will take if you refuse? I ask because they may fine you or go so far as sue you, to get it moved back, so I am curious what the risk/reward is, if you know

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Customer reply replied 1 year ago
They just asked us to move or have a survey done. They are not maintaining the common area behind our house and have informed us that they will not maintain it. They have not informed us of any fine, but the trouble is with the nieghbor as they don't want us having a fence as it blocks their view. I had the measurements done and summiteers to the hoa before building the fence and it was approved with the measurements. Hoa board has recently changed members and the neighbors are the ones with the problem
Customer reply replied 1 year ago
Our neighbors are best friends for over 20 years and we are in the middle house between them. They seem to want our view and that's why they are upset about our fence
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

Sorry for the delay and please allow me a moment

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

Seeing how the fence blocks the view of the neighbors, they are likely going to be the ones to take legal auction if needed, to have it removed or pushed back on your property. If the fence blocks their view, then it effects and lowers their property value, so they would likely sue to get it pushed back and placed on your property, as to not effect them. If the HOA will not take action or maintain it, then it would fall on you ( which I am sure is fine), so you can leave it then and just wait for the neighbor to take action.

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Customer reply replied 1 year ago
Moving back the fence will not change there view at all, they don't want the fence at all as they realized how little property they have compared to what we have. Thank you so much for your time, question should another survey request come up, should we request that they pay for it as they are requesting it?
Customer reply replied 1 year ago
If they start fining us, what do we do then?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

Yes, you can request it and claim the fence is proper and if they want to take action, they need to take the steps to address it. If they start fining you, then you would need to show that the fence is on your property and there is no basis for it. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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