HOA is forcing us to tear down fence we’ve had for 10 years and threatening $1,000 fines – other neighbors have pickets
A RESIDENT was left reeling after their homeowners association ordered them to tear down their dog pen fence.
The HOA stated in its declaration that “all fences, other than those installed by the Developer, are prohibited.”
GettyA resident has slammed their HOA for threatening eye-watering fines over their dog pen[/caption]
“Last month, our current president became enraged when her neighbor constructed a dog pen within sight of the front of her home and caused a park-wide donnybrook resulting in the board’s ordering all nine dog pens removed with very little notice; and with $1,000 penalties for those that are not disassembled within the time period provided,” the resident fumed.
“We are all seniors and most of us have disabilities that limit our ability to walk our dogs.
“Even though dog pens have been ordered to be removed, white picket fences and white lattice barriers are allowed.”
However, a legal expert told the homeowner that the HOA would be unlikely to enforce the draconian fines.
“It’s hard to understand how your dog pen is a ‘fence,’ but a white picket fence is not,” the whizz replied.
“The board may have some rights to interpret the governing documents, but its interpretation needs to be reasonable.
“White picket fences are much more fences than your dog pen would ever be.
“I think that your association would have a difficult time enforcing this rule against you in court.
“The problem is that they don’t need to go to court — they can either fine you or suspend your common element use rights to make your life difficult and encourage you to go along, even though they probably don’t have the legal power to force you to remove the pen.”
HOSTILE HOME
It comes after one driver sounded the alarm after her HOA charged her $500 for a simple infraction in her own driveway.
The homeowner pointed out that several other drivers in the neighborhood weren’t fined after they made a similar parking choice.
At the time, the couple said they engaged in a year-long battle with HOA administrators over parking fines incurred on their own property.
The duo said they kept up with their mortgage and taxes throughout their ownership period.
What is an HOA?
One in five Americans live in an area with a Homeowners' Association - or HOA. But what exactly is it that they do?
An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
However, they complained their HOA had accumulated too much power for their liking.
They parked the three vehicles outside of the home’s two-car garage.
One of the cars would park in the gravel beside the driveway, allowing all three vehicles to leave without vehicular reshuffling.
But the HOA said the gravel wasn’t up to code.
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