It's funny when it's the plot of a comedy, but strained relationships with a neighbor in real life can feel more like a horror movie. And it is fences that are often at the center of neighbor-on-neighbor conflicts. Redditor CeleryAdmirable3291 explained such a situation on the legal advice subreddit r/AskALawyer after spending around $10,000 fencing his yard. (Reddit advises readers not to seek legal advice from subreddits and instead consult a licensed professional in your area.)
Both their HOA and the HOA's Architectural Review Committee (ARC) had approved them to build a fence, but once it was built, several community members complained that the fence extended too far beyond the home. CeleryAdmirable3291 received an email with this information from her HOA, stating that she had approved the fence in error and that the HOA would cover the cost of replacing it with an enclosure with shorter sides. In a later message, the HOA rescinded its offer to pay to move the fence to a new location.
Unfortunately, this scenario is an example of the worst impact your HOA can have on your yard. CeleryAdmirable3201 didn't want to restrict safe play space for her children and pets or compromise her landscaping and wasn't sure what her next steps should be. They also reached out to members of the r/HOA subreddit to get additional perspectives. The resulting conversation is colorful but leaves uncertainty about the rights of homeowners. Suggestions range from basically telling the HOA to “push it through” to recommending that you speak to an attorney as soon as possible.
Who will win in a homeowner's fence dispute with their HOA?
One of the biggest mistakes everyone makes when installing a fence is not getting permission from a homeowners association (if one exists). This was not the case with CeleryAdmirable3291; Not only did the HOA have their approval documented, the property owners also had approval from the ARC. What seemed like it should have been a simple “we have documentation” issue became opaque to CeleryAdmirable3291.
This is not an isolated case either. Many contributors shared their own struggles and outcomes in various states and jurisdictions. In many cases, property owners prevailed against the HOA, but other commenters cautioned against assuming that this was always the case. More than one participant recommended seeking legal advice; The overarching idea is that an HOA will not take the matter to court. Paying exorbitant fees to consult a lawyer is not an easy task, but compared to paying fines and ultimately starting a lawsuit, the costs and stress involved are significantly less.
It turned out that the HOA eventually backed down on the matter, much to the family's relief, but after several months of stress and uncertainty. It appears that retaining an attorney helped contain the conflict and that hiring an attorney immediately may be the best option for others caught in an HOA tug-of-war. Granted, hiring a lawyer isn't cheap, but a quicker resolution to a problem like this is probably worth the cost and peace of mind. Inconsequential issues like this may make you grateful that HOAs may no longer exist in the future.