Question:
The president of our HOA manipulated a rule re: fences and walls and issued me a violation for putting 5 T posts into the ground in my backyard 5 inches off the property line to protect my lawn from the neighbors lawn crew. Neighbors sprinklers flood an area along our property lines and his mower people churn the sod into mud, damaging portions of my lawn.
President formed a violation which states, “the posts in a line define the property line and thus ACTS as a make shift fence. Make shift fences are not an approved fence in the documents”.
I asked for the section and subsection about make shift fences and the right for board members to interpret their own opinions as to what constitutes a fence or a make shift fence. I also included the dictionary definition that fences must have a connection between posts. President refuses to reply, Board members are ignoring this too. What are my options?
– Dan
Answer:
Hi Dan,
Kindly review the governing documents to verify the rules regarding fences. It may include definitions of what is considered fencing within the HOA. Moreover, it may be helpful to review the governing documents regarding easement and encroachment to make sure you’re not in violation by installing posts off your property line.
If the governing documents do not allow the T posts you’ve installed, you may need to comply with the architectural guidelines. However, if they are allowed by the governing documents, you may raise this with the HOA board. Kindly exhaust all forms of communication to reach them. You may also raise the issue at a board meeting. Alternatively, you may opt for dispute resolution measures to resolve the issue. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
