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HOA approved fence and now says it is in violation...

Orange Park, FL |

I was on the board and decided to quit because I moved. I still own the property and plan on renting it out. We have started making repairs to the property. I submitted, by email to the president as the ACC person was on vacation, a request to put up a fence complete with photos of the fence we planned on installing as well as examples of this style fence in the community. The president contacted the ACC person, and texted me that the fence had been approved. I am now receiving a letter 4 months later that it is in violation, and that I didn't submit a letter. I have forwarded to myself the letter that I sent from their email account, so I know that I sent it. I also have the text message approving the fence. Do I have to remove the fence? And can they put a lien on my property?

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Attorney answers 1


This is a gray area as it would have been much better if you had a letter or something other than a text. If the neighborhood has these types of fences, I would let them make the first move. As to can they lien, file lawsuits, etc.- is answered in your restrictive covenants and the bylaws of the HOA. In general most HOA's are operated by people with little or no experience. As an attorney we often find they fine homeowners but have no authority. I would contact an attorney who handles HOA's and get their opinion. Good luck.