If an HOA Says No Fences and Then Allows It Later, Is It Legal to Have Them Removed if They Were Built Before They Were Approved?
When a homeowner's association (HOA) prohibits fences and later allows them, the legality of removing pre-existing fences built before approval can be complex.
In most cases, HOAs have the authority to regulate property appearance, including fencing. If an HOA initially prohibits fences and subsequently amends its rules to allow them, it may be able to enforce the new rules against pre-existing unapproved fences.
However, there are some exceptions. For example, in some jurisdictions, fences built before the HOA's prohibition may be considered "grandfathered in" and exempt from the new rules. Additionally, if the fence was constructed in accordance with local building codes, the HOA may not be able to compel its removal.
To determine the specific legality in a particular case, it is advisable to consult with an attorney specializing in HOA law.
Related Questions:
- Can HOAs enforce rules retroactively?
- What is the legal basis for grandfathering in pre-existing structures?
- Are there any exceptions to HOA authority over fences?
- Can HOAs require homeowners to remove unapproved fences?
- What are the potential legal consequences of violating HOA rules?
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