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.
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