[emile48]

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I’m planning on suing my POA because they keep slapping me with fines even though I am in the right

[aidamartinsen]

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Before you sue, I advise you to get your lawyer to examine your case first and see if you have a fighting chance. What exactly are the fines for? How are you sure you’re in the right?

[emile48]

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I absolutely know I am in the right because there is nothing in the CCR saying I can’t have a fence over 4ft tall but the POA is saying that my 5ft fence is in violation

[aidamartinsen]

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Does it say anything else about fences? Some vague or general guidelines may be a source of misinterpretation. The board usually has discretion over how to interpret them.

[emile48]

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It just says tall fences are disallowed but no definition on what tall is but the violation letter they sent me says no fences over 4ft tall

[aidamartinsen]

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In this case, I would advise you not to sue. It looks like your declaration is pretty vague on tall fences by not defining what constitutes tall. As I said before, your board generally has discretion over how to interpret tall. You might not have a case.

[nattacked385]

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I disagree. I think you can fight this since the documents are unclear. It should be the board’s job to make things clear. This website actually lists lawyers per location so check it out.

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