Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
3/14/2018
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,612
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.

Ask Your Own Real Estate Law Question

This depends...what do your bylaws say about this?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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?

Ask Your Own Real Estate Law Question

You had a right to inspect them...

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I’m not sure. We neglected to ask.
Customer reply replied 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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)

Ask Your Own Real Estate Law Question

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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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: 36,612
Experience: 12+ yrs. of experience including real estate law.
Verified
P. Simmons and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,612
36,612 Satisfied Customers
Experience: 12+ yrs. of experience including real estate law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Does an HOA have jurisdiction over a homeowner when they did
Does an HOA have jurisdiction over a homeowner when they did not exist at the time of the sale of the property and thus were not party to that sale. If the existence of an HOA was not disclosed to the… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a new homeowner, and have an HOA. For months, I placed
Hello, I am a new homeowner, and have an HOA. For months, I placed a request to have the roof repaired due to a major leak during this past winter. Three months after my pleads, my upstairs and downst… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
DO an HOA have the right to have homeowners paint the
DO an HOA have the right to have homeowners paint the exterior of their home just due to fading of paint … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,276 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I just read the post regarding pet kennels and HOA's I too
I just read the post regarding pet kennels and HOA's I too was denied to install a cage in my back yard for my 2 cats. We are not allowed to let them run free and must be on a leash My cats have never had a leash … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
Can a homeowner file a mechanics lien against a contractor
Can a homeowner file a mechanics lien against a contractor building their home. If not is it illegal for them to do so? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a homeowner in an HOA community ask for the status, not
Can a homeowner in an HOA community ask for the status, not detailed information, on a violation that has been turned in? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
I live in NC in a hoa governed subdivision. My 3 neighbors
I live in NC in a hoa governed subdivision. My 3 neighbors have built pergolas in the past 3-4 years. I ask to to build the exact pergola and they refused my request. What might I do … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My neighbor just sold their house pendin HOA approval for a
My neighbor just sold their house pendin HOA approval for a fence and pool, which was given. However, the property line between our houses doesn't permit the construction equipment to get to the back … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
Can a HOA make homeowner insurance required for a unit
Can a HOA make homeowner insurance required for a unit owner? Can the HOA make insurance required for tenants who rent a unit in HOA? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
Are homeowners in an HOA community also part owners of the
Are homeowners in an HOA community also part owners of the common areas? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Contractors working for my next door neighbor removed old
Contractors working for my next door neighbor removed old sheds from his property, then dumped rotten floors on my property . I called neighbor asking him to contact contractors to get debris removed … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
When there is a dispute between a homeowner HOA board of
when there is a dispute between a homeowner HOA board of directors what conditions are required before the Board can consider the issue is closed … read more
P. Simmons
P. Simmons
Lawyer
36,612 satisfied customers
I am a homeowner who is having problems with my HOA failing
I am a homeowner who is having problems with my HOA failing to act. Do I have legal recourse? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
As a homeowner in a HOA( prior to 3016 ) do I have a legal
As a homeowner in a HOA( prior to 3016 ) do I have a legal right to HOA gudgets and financials! … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
A homeowner in carmel South HOA. Recently, I questioned the
I am Tom Culpepper, a homeowner in carmel South HOA. Recently, I questioned the painting of a home being against our HOA policy by addressing the Board of Directors. They advised they would review and… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x