Q: HOA has rejected fence location 2 times, we believe we are being victims of selective enforcement
One neighbor has the first location we requested , and another one has a fence too in the second location we requested, this one is even almost same as us, corner home. The reason they give us is to maintain integrity of the community/ Are they being selective? the covenants don't mention anything about style or location or anything, just says you should send you plan to the ARB and they will decide.
A: Selective enforcement is a defense to being sued, not a cause of action to sue. You might have a case for breach of contract if the HOA is not enforcing the declarations in a uniform manner. You would need to file an action for declaratory relief and have a judge rule if the HOA is right or you are right before proceeding with installing a fence. Since any legal action is expensive and requires pre-suit mediation first, you should try asking the HOA for their fencing guidelines. Most HOAs have Rules and Regulations or ARB Guidelines that owners are unaware exist.
Tim Akpinar agrees with this answer
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.
