Q: Can a developer allow owners of a free standing home in a condominium development to erect fences on Common elements?
The developer is allowing home owners to put up fences so he can sell his new homes. The fences are being installed within areas platted as common elements.
A: If noone sues to enforce the Master Deed Restrictions, then yes, the fences can go up. Any condominium owner can sue to enforce the Restrictions with an Injunction and possibly Damages. But you probably need to do a Title Search to make sure of what your are alleging to be violations. There may be no prohibitions of fences.
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