Fence Dispute With Your HOA? Here's What You Should Do!
Many homeowners have a love-hate relationship with their homeowners association. An HOA can help protect you against noise violations and other issues with your neighborhood or condominium, working to make your subdivision or building a great place to live. However, there are times when you might need to file an appeal against your HOA for unfair fines - and an HOA fence dispute can definitely be one of those occasions.
An HOA fence dispute can not only put you at odds with your neighbors but with members of your HOA as well. This can lead to some tension and confrontation - but working through a dispute of this nature doesn't have to be scary. DoNotPay has all the information you need to navigate an HOA fence dispute, including how to file an appeal on any HOA fine that you received.
Your HOA Might Have Strict Rules for Building a Fence
Every homeowners association has its own specific rules. Depending on your city, state, and even subdivision, your HOA could have some very strict rules in place regarding fencing and outdoor decor, or it might also be more lenient. If you moved into your home with a fence in place, it's generally safe to replace that fence with something in a similar style.
However, if you don't have a fence and want to have one installed, things could get trickier. Here are some things to keep in mind when you are considering having one built so you can avoid disputes with HOA over the fence:
- Research your HOA rules and regulations thoroughly before working with a contractor to build or replace a fence.
- Be aware of where your property line sits. Respecting your neighbor's property boundaries will help to minimize any potential disputes.
- Talk to your neighbors before starting any new fence build. Make them aware of your plans and ask for their advice or insight into what the HOA might have to say about it.
Being transparent with your neighbors is a good idea, as is ensuring that you don't infringe on their property when planning out your new fence. While your neighbors won't be able to prevent you from getting a fine from the HOA in case of an issue, it never hurts to have their support.
Common HOA Guidelines on Fencing
|Fence height restrictions||Restrictions are often placed on fence height because of aesthetics and visibility issues, whether for the front or back fence.|
|Views and visibility||Most gated communities and neighborhoods that have HOAs have scenic locations. As such, there are restrictions so that a fence will interfere or obstruct the view of a particular landscaping environment.|
|Style and uniformity||As each community is unique, HOAs may have particular requirements based on appearances or a certain aesthetic style (e.g. minimalist, Victorian, etc.)|
What Happens if the HOA Has an Issue With Your Fence?
If the worst-case scenario happens, and the HOA does have a problem with the fence that you build, they might approach it in several different ways. You won't always get a fine. Here are a few of the things that might happen if the HOA doesn't approve of your fence:
- The HOA might request that the fence gets remade to better suit the regulations of the neighborhood.
- The HOA might ask you to have the fence removed entirely.
- The HOA could take it upon themselves to have the fence removed, although this could open them up for a lawsuit in small claims court.
- The HOA could decide to give you a fine if they find that the fence is in breach of HOA rules and regulations.
If any of the above things happen, you will have to weigh your options and decide what makes sense for your situation. For example, it could be more expensive to deal with the effects of taking the fence down than it would be to just pay the fine that the HOA hits you with.
Appeal Your HOA Fine Using DoNotPay
If you receive a fine from the HOA regarding your fence dispute, you might feel lost in the weeds. Fortunately, there's an easy solution to appeal your fine without the stress of making legal decisions or having uncomfortable phone calls with members of the HOA. DoNotPay is the best way to file an appeal with your HOA without the stress. Here's how to do that in just four easy steps:
- Tell us why you received the fine (what violation are you being accused of)?
- Tell us the amount you are being fined for.
- Describe why you think this fine is wrong or unfair. For example, the alleged violation may have incorrect details or you may appeal on the basis that the rule is selectively enforced and discriminatory.
- Enter the date you received this fine and whether or not you received prior warnings.
And that's all there is to it! DoNotPay will send the demand letter on your behalf with a two-week deadline for their representatives to either resolve the issue or contact you with more information.
If they don't, you can always escalate the issue to small claims court using our Sue Now product. Either way, we've got you covered.
What Else Does DoNotPay Help With?
DoNotPay can answer all your HOA questions, from what constitutes a noise violation to how to handle disputes with your neighbors. Here are a few of the topics that DoNotPay can help you with:
- Where to file Homeowners Association disputes
- What to know about an HOA complaint form
- How to fight HOA discrimination against renters
- How to dispute homeowners association late fees
- Filing a HOA noise complaint