Question:
We built our white picket fence 5 years ago when we built our approved home by developer. Now 5 years later he says we need to remove our fence. (5 yr statute of limitations)We have never receive 1 violation until this week when homeowners are in process of taking HOA over from him after 12 years of him controlling. Have never had 1 HOA meeting or been given financials after many homeowner have requested,
– Regina
Answer:
Hi Regina,
Kindly check the governing documents to see whether there are restrictions against fences and whether your fences are in violation. This may shed some light on whether or not the violation notice is valid. If not, you may raise this with the HOA.
As for the meetings, Louisiana HOAs must be incorporated and are subject to the Louisiana Business Corporation Act Section 1-701(A), which states that the HOA must hold an annual meeting. It’s also subject to Section 1-1602(A) which states that the shareholders (members) are entitled to inspect and copy the association’s records, including accounting statements, if they give written notice 5 business days ahead of the inspection. Kindly make sure you are following the proper procedure when requesting an inspection. You may raise these with the HOA.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
