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My HOA isbrequiring we take down a fence we added to protect…

My HOA isbrequiring we...

My HOA isbrequiring we take down a fence we added to protect our pets. What legal rights do they have?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

It is already installed. We were told by our contractor that unless we were by the lake we didn’t need permitting and we didn’t have any CCR stating fencing needed to be approved. Now they are saying all fences require approval regardless of where on the property and asking us to remove it

Lawyer's Assistant: Where is the property located?

Davie, FL

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

We need to know what recourse they have if we don’t remove it.

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Answered in 1 minute by:
3/14/2018
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,662
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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This depends...what do your bylaws say about this?

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Customer reply replied 5 months ago
It says fencing needs to be reviewed by the HOA but we did not have the CCrs when we bought the house. They are also requesting fencing being replaced that was here before we moved in. There is no compliance with any of the other rules in the development

Thanks

And why is it you did not have the bylways at purchase?

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You had a right to inspect them...

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Customer reply replied 5 months ago
I’m not sure. We neglected to ask.
Customer reply replied 5 months ago
We attended a meeting and were informed the homeowners have no rights and all decisions are made by a board. They told me they decide which rules and to whom they enforce

Thanks

I am sorry to be the one to bear bad news...if the bylaws allow the HOA to enforce this rule (what you are describing, that appears to be the case)? Then the HOA can enforce the rule.
The fact you did not inspect the bylaws prior to purchase is not relevant to this.

Now...you raise a good point...if the HOA is not fairly enforcing their rules? If they are being arbitrary in enforcement? That could be a basis to challenge this rule. But you would have the burden...if this landed in court you would have to prove that the HOA is not fairly enforcing the rules...if you could prove that? Then it is possible the court agrees to not grant judgment to the HOA

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 5 months ago
Does it make sense legally for a HOA to take someone to court over this kind of an issue?

In my opinion, it is common...one of the problems of living in an HOA (in my opinion....you have to deal with the board)

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So I would not be surprised to hear that they took you to court over this.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they can not take you to court over this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 5 months ago
Don’t the homeowners have any rights to question the rules and have some type of an opportunity to vote for change? My neighbors are not in objection to the fence.

That depends on the bylaws...they will have language in them that describes how they can be changed. Or, you could run for the board, and be part of the board and that process....that is one positive way to effect change in an HOA

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,662
Experience: 12+ yrs. of experience including real estate law.
Verified
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