We installed the fence a week after we move in november 2011. We got the covenant package in December 10th 2011(not at closing). In January 19 we send the ARC request to comply with covenants. Recieved confirmation the next day that it will be process. Covenants rules said that if you don't receive either approval or denial letter in 30 days, you can assume that is approve. We received the denial letter in March 16 2012. We appeal the denial the next day and got confirmation that will be process in March 28 2012.
Now after 7 month we got a respond saying still denied. Even that we build the fence before we send the ARC request due of not knowledge of covenants rules, do we have a case or we need to take down the fence (it cost almost $4000). Can we ask for an amendment to this rules?
When you purchase property, you take title subject to the covenants that are on record for that subdivision regardless of whether or not you have physically received the covenants and/or duly adopted rules and regulations of the subdivision or association. The problem here, it seems, is that you installed the fence prior to receiving approval to do so. There may be a way to get some relief, however, due to the fact that your ARC request was not timely ruled upon but you will need to consult with an experienced HOA or Community Association attorney to better determine your chances. Let me know if I can be of assistance. Hope this helps. Mark
This answer (posting) does not, in any way ,manner, or form, establish an attorney-client relationship nor should it be construed to be "legal advice." Please be aware that my answer is not legal advice, it is merely information. Because I do not not have access to your documents and your specific facts, you should consult with a lawyer in your area for a specific answer to your legal issue. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm.
Take down the fence, it is an illegal non conforming use. The HOA can sue you to get it removed. You'd lose. Possibly you would have to pay HOA attorney fees for forcing it to prosecute the fence removal.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements