Q: can HOA ban a fence unless you have an in-ground pool if there are many houses with fences and no pool
HOA is banning putting up a fence for our backyard claiming that you can only do so if you have an inground pool. Yet there are many houses in the sub-division that do not have in-ground pools but do have fences. In addition, they updated their bylaws online hours after talking to me.
A: If they deny your request, and you do it anyway, they could sue you. Or you can get an attorney to advise the HOA that because of its inconsistent enforcement, a court might refuse to enforce their no-fence policy. Use the Find a Lawyer tab to retain a local real estate attorney to review and try to work it out with the HOA.
A:
A Home Owners Association is governed by Ohio Revised Code Chapter 5312. The Association should have a declaration and by-laws; have regular meetings and elections. The Association must also have guidelines for the use of fences. The guidelines have to be detailed enough as to not be enforced in an arbitrary manner. It should as though these guidelines have not been consistently enforced. I would retain counsel, request the declarations, by-laws and any guidelines regarding the restrictive covenants of the real property. I would then request the authority upon which they Homeowners Association relied to ban the construction of a fence.
Afterwards a complaint for declaratory judgment and mandatory injunctive relief would be prepared requesting your reasonable attorney fees and costs. The complaint should be presented to the governing body of the Association, with the request to have your fence issue reconsidered before suit is filed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
