Hoa

DallasRed

Member
What is your opinion? If you buy a house with a fence already installed....Can the HOA tell you that you have to remove or replace it entirely?
 
How long was it up under the old owner? Did they approve it under the old owner? Did they disapprove it under the old owner? Long story short, yes. They can make you tear it down if it was not permitted properly in accordance with HOA rules and regulations. You may be able to win in a legal fight, but the HOA has more attorney fee money than you do (because they will pass the attorney fees on to you in terms of higher HOA fees).
 

DallasRed

Member
Yes it was approved. They never sent any letters to the previous owner, but I was in the house less than a month and the letters started coming.
 

glhs837

Power with Control
If I'm reading this right, and we dont have enough details to be sure, it looks like the previous owner (PO) got it t approved, my guess is when the make up of the HOA board was different, and that such variances dont carry over to new owners. Or the HOA wants you to think that, anyway. I would think that the wording of the HOA contract should make tr clear what happens to variances when the house is sold.
 

ICit

Jam out with ur clam out
If I'm reading this right, and we dont have enough details to be sure, it looks like the previous owner (PO) got it t approved, my guess is when the make up of the HOA board was different, and that such variances dont carry over to new owners. Or the HOA wants you to think that, anyway. I would think that the wording of the HOA contract should make tr clear what happens to variances when the house is sold.

:yay:
also what is "wrong" with the fence?
what does the by-laws state about a fence?
 

DallasRed

Member
The previous owners never stained it. I got 2 letters saying it needed staining and now the HOA president is saying IN HIS OPINION I need to replace it completely. The current fence is PINE and now if you get a fence it has to be CEDAR or IRON. Back last Summer the ARC guy said it was approved and they could only ask me to replace it not change.
 

Christy

b*tch rocket
I don't think I could live in a neighborhood with an HOA. Unless you are paying my mortgage, you get no say in what I do to my house or my property. Being bossed around by an HOA would really piss me off.
 

ICit

Jam out with ur clam out
The previous owners never stained it. I got 2 letters saying it needed staining and now the HOA president is saying IN HIS OPINION I need to replace it completely. The current fence is PINE and now if you get a fence it has to be CEDAR or IRON. Back last Summer the ARC guy said it was approved and they could only ask me to replace it not change.

but what DOES the bylaws say the fence HAS to be? and it doesnt matter what the HOA president tells you .... it should all be spelled out in the bylaws about what type of fence you can have and the type of material it can be.

and the only way they can make you put a specific type of fence back in its place is if the bylaws were amended... and thats really not an easy thing for an HOA and the HOA management company to do.
 

ICit

Jam out with ur clam out
I don't think I could live in a neighborhood with an HOA. Unless you are paying my mortgage, you get no say in what I do to my house or my property. Being bossed around by an HOA would really piss me off.

:high5:
my HOA is crappy (well more the management company)
 

nutz

Well-Known Member
The previous owners never stained it. I got 2 letters saying it needed staining and now the HOA president is saying IN HIS OPINION I need to replace it completely. The current fence is PINE and now if you get a fence it has to be CEDAR or IRON. Back last Summer the ARC guy said it was approved and they could only ask me to replace it not change.

Did the previous owner tell the current president to pound sand? :whistle: If it isn't written down somewhere that they can point out to you, I would ignore them. You're the new kid on the block and the bully is flexing his muscles to see if you flinch.
 

Christy

b*tch rocket

Thanks. :diva: I love my neighborhood. The lack of HOA kooks allow for an ecclectic mix of homes and people. I was coming home one day and saw a lady walking her dog and a shetland pony. :lol: It was awesome. A house up the street has a donkey.
 

ICit

Jam out with ur clam out
Thanks. :diva: I love my neighborhood. The lack of HOA kooks allow for an ecclectic mix of homes and people. I was coming home one day and saw a lady walking her dog and a shetland pony. :lol: It was awesome. A house up the street has a donkey.

I want to own a donkey :tantrum


but all i get is to live around them :banghead: well i will say i have some great neighbors on my street. (except for the new people... they are a drug house)
 

DallasRed

Member
but what DOES the bylaws say the fence HAS to be? and it doesnt matter what the HOA president tells you .... it should all be spelled out in the bylaws about what type of fence you can have and the type of material it can be.

and the only way they can make you put a specific type of fence back in its place is if the bylaws were amended... and thats really not an easy thing for an HOA and the HOA management company to do.

The current fence is PINE and now if you get a fence it has to be CEDAR or IRON. The way I understand it. If you get a NEW FENCE it has to be cedar or iron. I currently have a pine fence and YES that would not get approved today. When the fence was put down PINE was OK and it was approved. So I am trying to figure out if they can make you change it once it was approved in the past. So yes, I guess it was amended.
 

DallasRed

Member
Did the previous owner tell the current president to pound sand? :whistle: If it isn't written down somewhere that they can point out to you, I would ignore them. You're the new kid on the block and the bully is flexing his muscles to see if you flinch.

No, they never sent the previous owners anything about their fence, according to the management company and President.
 
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