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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My neighborhood does not have an HOA per say, because it is

Customer Question

My neighborhood does not have an HOA per say, because it is still under development. The ARC is the developer. The developer has hired a management company who we have to go through to get approval for fence building. They are telling me that I must come in 5 ft. From my property line to locate a privacy fence. I just moved here from Alabama, so I am not familiar with Tennessee law, but this requirement does not seem enforceable to me. My neighbors on both sides have fences and one is on the line and the other is about 10" inside his line.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Tennessee.
JA: Has any paperwork been filed?
Customer: I filled out the required form and submitted a request.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, is this going to. Out me anything?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Does the development have any written Bylaws or Covenants, Conditions, and Restrictions that determine how close to the properly line a fence can be installed?

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If this is in the city, have you contacted the local Planning and Zoning office to see if there are set back requirements for a fence?

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thanks

Barrister