Q: Property line and fence installation (Ohio)
Install of 4 ft fence around my prop. The subdivision in which I live has an HOA. All requests of this type need HOA approval. Based on the HOA gdlns, there is to be a 15-inch (at least) variance, in this case, at the back of the property (for utilities, emergency access, etc). (I believe city requires a total of 30 inches between fences (15 inches per property). I read that HOA gdlns supercede city gdlns. So, if HOA requires a 15-inch variance per property, that would total the 30 inch city requirement. Problem: the fence on the property behind me is built ON the property line (no 15 inch variance on his property). I am unsure how approval was obtained from the HOA to build on the property line. The property owner is has advsd me that two feet outside of their fence is their property (not true). I am willing to install my fence 18 inches inside the property line but will not account for the entire 30 inch variance. I still need to get HOA apprvl. First fence there wins?
A: City zoning always has priority over HOA rules. It is unlikely that the existing fence will be required to move. A boundary survey might be required to establish and mark the boundaries and required setbacks. Talk to both the city and the HOA management company about the required setbacks and how to get approval for your installation. If that doesn't resolve it, then use the Find a Lawyer tab to retain a local real estate attorney to review the city zoning and HOA requirements and advise you of your options.
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