My husband's family built this house in 1978. It was sold to him in 2003 by his parents. In 1998 the HOA built a playground with a chainlink fence behind the house. We are trying to sell the house and were going to put up a privacy fence to cover the chain link fence when we discovered that the chain link fence may have been built on our property without permission. We are currently acquiring a map of our boundary lines to make sure. We have paid property taxes since the home was built.
You need to it down with a real estate order in your area. The HOA might have a provision that covers it, or they may be arguing the common law theory of "boundary by acquiescence", and "adverse possession."
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