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
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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.
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