Q: Does "perimeter fence" include ANY fence?
An HOA's restrictions include a prohibition on any fences being "forward of the front wall of the house." It does not contain any further language pertaining to fences or front yards, besides a brief requirement on what materials fences can be made from.
Last fall, a new state law took effect stating that "...a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence."
Question: Does the new law's use of "perimeter fence" nullify the prohibition, thus freeing property owners to build fences around their entire lots if they so desire?
A:
The rules against a fence forward from the front of the house is usually made to protect people from crashing as they exit their driveway. I think the best way to handle your issue and question, is to use a "see through" fence in the front of the house. If there is a direct conflict with the State law and the HOA rule, it would be wise to discuss your needs with the HOA before you put up your fence.
Otherwise you may have to bring the matter to court. An alternative way to get good advice would be to send your question to the Attorney General of TX for a response.
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.
