How to settle a dispute with an HOA over a fence color?

Asked almost 4 years ago - Powder Springs, GA

We moved into a new house this past May. Prior to moving, my husband got to know our new HOA and asked if we could build a fence and stain it to the color of our liking. The HOA told us to fill out an "approval form" and that they would get back to us in 30 days. A week later out HOA president comes and talks to us and says we can "do whatever we want." All verbal...nothing was received in writing. So we build our fence. Now it's September and we are ready to stain it. We test an area of the fence to stain and learn that our HOA president is watching us. He says he never gave us approval to do this. So we review the HOA covenants and learn that anything submitted to the HOA that does not get responded to within 30 days is by default approved. What do we do??

Additional information

We received a certified letter in the mail 09/17/10 stating that we must stain our fence 1 of 3 colors. All fences in our neighborhood are stained various colors. Nothing in our HOA covenants specify which color we are to stain our fence. Our HOA president does not have his fence stained. Do we have a case or should we just give in??

Attorney answers (1)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Submit the stain you want to use per your HOA rules. If they deny it, appeal on the basis that there are other homes in the area which have used colors other than the 3 they say can be used. President's verbal approval does not matter.



    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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