Q: Indiana subdivision mandatory HOA. Can a properly designed and submitted privacy fence be denied for dislike appearance
The head of ACC archectual control commission of HOA dislikes the overall appearance of all privacy fences and even with material and design meeting building codes and material convinces, denys.
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A:
In Indiana, homeowners associations (HOAs) often have significant control over property modifications, including privacy fences. Even if your fence meets all building codes and material standards, the HOA's architectural control commission (ACC) can still deny it based on aesthetic preferences outlined in the HOA's governing documents.
It's important to review the specific rules and guidelines in your HOA's covenants, conditions, and restrictions (CC&Rs). These documents typically outline what is acceptable and give the ACC the authority to make subjective decisions about appearance. If the denial seems arbitrary or not based on any specific rules in the CC&Rs, you might have grounds to appeal the decision or seek a compromise.
To address the issue, you could request a meeting with the ACC to discuss their concerns and present your case. Bringing evidence of similar fences in the neighborhood or examples that align with the community's overall aesthetic can help. If necessary, consult the HOA's dispute resolution process or consider seeking legal advice to understand your rights and options better.
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