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We moved into our newly-built semi-custom home a year ago in…

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Hi! We moved into...

Hi! We moved into our newly-built semi-custom home a year ago in February. From the time we moved in, until now, the builder and HOA underwent new management unbeknownst to me as we were never officially made aware of all the changes, including a “new & improved” warranty policy. Presently, that’s a whole other issue. Anyway, we were told we could install a fence, called the HOA manager at the time (whom’s since been let go) and asked about all the requirements for our fence and how to get the process moving. We have a pond directly across the street, the main road directly behind our house, and a two year old who loves to escape. We were extremely eager to get our fence up. We never heard back from our HOA after sending in the required documents, and when I called I was always told I would be hearing from them shortly. I never did and we waited months, until finally we just decided to go for it and get our fence installed. Well now HOA (apparently the new guys) want us to tear it dow bc it’s not the correct color. Despite the fact that it was in our original paperwork and we were told a white fence was admissable, we’re now in the situation that we have to tear down or brand new fence. Is there anyway to fight this or use the fence warranty to help with some of the cost? I mean what are our options?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

Idk about on their end, they’re claiming we just put it up and it’s a violation and we have 21 days to have it removed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I don’t think so.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/26/2017
Real Estate Lawyer: P. Simmons, Lawyer replied 6 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,489
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Real Estate Lawyer: P. Simmons, Lawyer replied 6 months ago

Sorry, what do you mean "fence warranty"?

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Real Estate Lawyer: P. Simmons, Lawyer replied 6 months ago

Again, what do you mean "fence warranty"? Did the fence manufacturer provide a warranty? IF so what does it provide?

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