Location: Ohio USA
We have friends moving into our development of all allotment single family homes. They have read through the bylaws regarding fences before purchasing stating that fences were allowed if they met certain requirements, cool no prob.
They submitted plans to the HOA for a fence that meets the requirements in the bylaws, but were denied due to “the community was thoughtfully designed as an open-border delelopment to maintain a sense of openess, continuity and a cohesive neighborhood feel. “
The real kicker is… there are 8 other houses that have fences in the development and some of them not even meeting the current bylaw standards for having a fence. Given that the board previously approved some fences & even ones that didn’t meet the bylaws do they have some legal way of overturning this?
The bylaws simply state “No fence shall exceed fifty (50) inches in height and may not block the view from the outside. Stockade fences are not permitted.” To me that would imply fences are allowed, long as they meet those requirements. Especially since they are not even upholding those requirements for 2 of the 8 fences in the neighborhood.
Comments
As an HOA president do the following:
Ask for clarification as to why it was denied make sure they provide you detail specifics on the grounds for denial.
Provide them with verbatim guidelines and regulations showing why you should not have been denied. Go around and provide pics of other fences that were approved.
Document EVERYTHING if your denied again contact a lawyer who specializes in HOA’s and file a lawsuit for discrimination go after damages and everything you can.