Selective Enforcement of Fence Rules in HOA

Question:

Why can they allow some 6 foot fences and not orhers

– Pam

 

Answer:

Hi Pam,

It is normal for an HOA to regulate fences in the community, including the height of these fences. If your HOA is allowing some 6-foot fences and not others, it’s important to look deeper.

First, check the material and styles. It is possible that the height is not the problem. If your HOA did not allow other 6-foot fences, it may be because those fences did not meet the design or material requirement of the association.

If you find that all things are constant except for the height of the fence, your HOA might be selectively enforcing the rules. Approach your HOA board and point this out to them. Let them know that some 6-foot fences are allowed, while others are not, even though they are made of the same materials and feature the same design. There might be other factors at play, and your board can clarify that. Consequently, your board might realize the rules are selectively enforced and take action to correct this.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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