A homeowner in my community installed a fence that was not to the exact guidelines of the HOA with the HOA approval. When I applied to install the same fence, the HOA denied it saying that the fence is not approved for the community. Doesn't approving the fence for one homeowner set a precedent for others?
2007-07-29 03:48:17 · 5 answers · asked by When 1 in Business & Finance ➔ Renting & Real Estate
One more reason to NEVER buy into that form of neo-Nazism.
Get a lawyer and sue the bastards into oblivion.
2007-07-29 04:01:20 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 2⤋
One of the problems with HOAs is that board members often are not familiar with the bylaws. They could have approved the first fence without knowing that it didn't meet the guidelines. Then when you made your request a board member (perhaps a new member) new what the rules were. It's not fair but you are stuck with the HOA guidelines. And if the other person has written approval he is in the clear.
As a former board member and president, I would suggest that you study your HOA rules and attend the meetings. Without homeowners being informed and participating, the situation you described will continue to occur.
2007-07-29 11:06:09 · answer #2 · answered by Mystery 6 · 2⤊ 0⤋
Demand a satisfactory explanation from them . If they can`t , or won`t give you one , it could be because the homeowner in question has some "ins" in your HOA , and his application was allowed because of this .
If that`s the case , I`d go ahead and put up the fence ! If there`s a problem with the HOA , refer them to the other homeowners fence and acceptance of his "application" and refuse to do anything about your fence .
Let them make the next move . If they threaten court action , take pics of the neighbour`s fence and tell them to go ahead .
In court , they`ll have to show EXACTLY why your application was rejected and the other accepted , and it would have to be a valid reason . They`re aware of this so I`d call their bluff .
2007-07-29 10:59:53 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Are you positive that the other home owner got clearance?
Perhaps he just put up the fence?
I would bring it to the HOA's attention and maybe bring a picture of the fence with you to remind them that they okay'd it for someone else.
2007-07-29 10:51:50 · answer #4 · answered by jforrest46221 2 · 1⤊ 0⤋
How do you know they approved it and he didn't just build it?
I would find that out FIRST.
If they did approve it, That is against the rules and regulations of your covenant, and I would take pictures of my neighbor's fence and present my request AGAIN, and if they didn't approve it, I would file a small claims suit.
They cannot selectively approve buildings and fences.
You don't need to waste money on an attorney. Your covenants and restrictions and the picture of your neighbor's fence is all you need.
2007-07-29 11:49:27 · answer #5 · answered by Expert8675309 7 · 1⤊ 0⤋