Boynton Beach, FL asked in Real Estate Law for Florida

Q: Can an HOA require you to take down a fence that you previously got permission to install from prior HOA

I have had a fence up for four years. The previous property manager gave me verbal permission to do so, even suggested it, helped me figure out where to put it. New HOA, property manager sent me a letter saying they know I got permission but it’s against The bylaws and will allow me to keep it until I sell, but then I need to remove it. The house is currently for sale. It is a huge selling feature. I do not have written proof that I was originally given permission, but the letter the property manager sent me clearly states they know I did get permission. He actually states it twice in the letter he sent me.

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1 Lawyer Answer

A: Most HOA documents require written permission and some assert even if granted permission they must comply with the HOA documents. You would need to consult with a lawyer, who you should have if you're selling real estate anyway, to read your HOA documents, including any amendments to them and board adopted Rules and Regulations. A HOA has five years to enforce violations of its documents. You need to deal with this issue as soon as possible because the title company will request an estoppel once you get a buyer and it will likely note the fence is a violation.

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