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My wife and I is having a problem with our HOA. The HOA and…

Second opinion] My wife...

Second opinion] My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified the HOA we will be completing our project and we were told by the HOA woodprivacy fencing is not allowed in the subdivision according to the declaration. We told the HOA and ACC no where in the declarations does it state we can not have a wood privacy fence, in a matter of it states wood fences are allowed. The HOA agreed that it is not written in the declarations nor is it a written rule, but still said we are denied. wood privacy fences are put up within the HOA. We believe the HOA is singling us out because we are a mixed couple etc.

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

We have tried to resolve this issue through communication. They are not hearing it.

Lawyer's Assistant: Where is the property located?

No paperwork has been filed and property is located in Azle, Tx

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

They're trying to enforce laws and rules that doesn't exist

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Answered in 1 hour by:
4/25/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,028
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Customer reply replied 3 months ago
Thank you

"The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified the HOA we will be completing our project and we were told by the HOA woodprivacy fencing is not allowed in the subdivision according to the declaration. We told the HOA and ACC no where in the declarations does it state we can not have a wood privacy fence, in a matter of it states wood fences are allowed."

What you are describing is known as "selective enforcement" of rules that do not exist.

The governing documents set out the rules and the board is bound to enforce them. They cannot engage in selective enforcement nor can they make up rules.

I would also file a Fair Housing Complaint against them for discrimination.

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You have every right to file a law suit against the board if they will not reconsider.

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. Can you see the rating scale on your end at the top of the page, 5 stars?

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,028
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Thank you.

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Customer reply replied 3 months ago
Where do we file suit? Which court

You would file in the county court. This is a civil division matter. Would you like a link for local Attorneys that provide FREE consultations in the area?

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Customer reply replied 3 months ago
please provide link. Thank you.
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