Question:
I have an HOA that just recently started sending attorney letter’s regarding existing fencing in my yard and neighbors’ yard. Some of these fences have been installed for 5, 10, and 20 plus years. How can they decide now it is a violation after so long?
– Kasey
Answer:
Hi Kasey,
First, it is important to check if these fence rules you are allegedly violating are newly enacted or if they have been around for a long time. If it is the latter, ask your HOA board or manager why the rule was never enforced in the past. This could be selective enforcement, though there may be other reasons behind it. If the rule was selectively enforced, it may be considered unenforceable.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
