Dee22 Posted June 9, 2009 Share Posted June 9, 2009 We put up a privacy fence in May after getting HOA approval. After we had put all the posts in the ground a HOA member came to our home and asked us to not put the panels up as there was a complaint that one side of the fence was too far forward. He had approved our fence and said that if we needed to move it he would do it because it was his fault. A few days later he called and said it was fine and we could put up the panels. Now we've had the fence up since Memorial Day weekend and another HOA guy(the president) comes to my door last night and asks me when we are going to curve the front of the fence? I said we weren't and he said it needs to be unless it is a dog eared fence. I said IT IS. He tries to tell me it isn't and was completely rude. My dh was at scouts with my son so I told him he'd have to talk it over with him at a later time. So, finally my question... if we had approval with a drawing and description and we followed it exactly how can they complain? This is our first issue with the HOA after four years living here. When we first bought our house there were basically no rules since then they have voted and passed many rules. We are very frustrated!:glare: Quote Link to comment Share on other sites More sharing options...
Quiver0f10 Posted June 9, 2009 Share Posted June 9, 2009 Well I guess my first question is did you get the approval in writing? Quote Link to comment Share on other sites More sharing options...
Dee22 Posted June 9, 2009 Author Share Posted June 9, 2009 Yes, we filled out a form and mailed it for the architectural committee to approve or not. They did approve it and sent the forms back to us. Quote Link to comment Share on other sites More sharing options...
jonesloonybin Posted June 9, 2009 Share Posted June 9, 2009 If you have written approval and have not received any cease/desist papers, I would continue with the construction. Quote Link to comment Share on other sites More sharing options...
Dee22 Posted June 9, 2009 Author Share Posted June 9, 2009 If you have written approval and have not received any cease/desist papers, I would continue with the construction. That isn't the issue... we are finished with fence and NOW they are complaining! Quote Link to comment Share on other sites More sharing options...
Happy Posted June 9, 2009 Share Posted June 9, 2009 That isn't the issue... we are finished with fence and NOW they are complaining! Make copies of the approval forms. Highlight the approved part. Return to them in a certified, return receipt requested. Insist in writing that if you keep getting HASSLED about your approved fence you *will* seek legal advice. Then do so. Evidently, this HOA has issues within it's board. Do not let them push you around. You did exactly what was required of you. Stand firm on that. Keep repeating it until they go away. I hate it when a perfectly good HOA is ruined by one or two people's personal opinions. We, too, lived in our neighborhood before the HOA started flexing it's collective muscle. A couple of expensive lawsuits helped curb their desire to be stupidly picky. Quote Link to comment Share on other sites More sharing options...
jonesloonybin Posted June 9, 2009 Share Posted June 9, 2009 As long as you have followed the approved plans then I don't think you have anything to worry about. The fence is on YOUR property right? The one problem would be if you accidentally built it over the property line. They can complain all they want. You followed approved plans. If you are still worried, you could always contact a lawyer. Most will offer a free consultation. That way you get some feedback and have a name in mind, just in case. You may also do that and then mention to the next complainer.."Well, I talked to my lawyer, and he/she does not see a problem with anything." Maybe mention it casual like. Giving the impression that you were concerned that maybe something WAS wrong but that you were reassured that everything is OK. KWIM? They will get the message that you are not someone to be pushed around. With our HOA, they tend to try things that are not quite legal, just to see if they can get away with it. Quote Link to comment Share on other sites More sharing options...
Dee22 Posted June 9, 2009 Author Share Posted June 9, 2009 Make copies of the approval forms. Highlight the approved part. Return to them in a certified, return receipt requested. Insist in writing that if you keep getting HASSLED about your approved fence you *will* seek legal advice. Then do so. Thank you... I think I will take your advice! Quote Link to comment Share on other sites More sharing options...
Dee22 Posted June 9, 2009 Author Share Posted June 9, 2009 As long as you have followed the approved plans then I don't think you have anything to worry about. The fence is on YOUR property right? Oh, yes... the reason we wanted to put up a fence was that our neighbor was planting, mowing, building on OUR property. Quote Link to comment Share on other sites More sharing options...
catalinakel Posted June 9, 2009 Share Posted June 9, 2009 Make copies of the approval forms. Highlight the approved part. Return to them in a certified, return receipt requested. Insist in writing that if you keep getting HASSLED about your approved fence you *will* seek legal advice. Then do so. Evidently, this HOA has issues within it's board. Do not let them push you around. You did exactly what was required of you. Stand firm on that. Keep repeating it until they go away. I hate it when a perfectly good HOA is ruined by one or two people's personal opinions. We, too, lived in our neighborhood before the HOA started flexing it's collective muscle. A couple of expensive lawsuits helped curb their desire to be stupidly picky. :iagree: Quote Link to comment Share on other sites More sharing options...
lionfamily1999 Posted June 9, 2009 Share Posted June 9, 2009 Make copies of the approval forms. Highlight the approved part. Return to them in a certified, return receipt requested. Insist in writing that if you keep getting HASSLED about your approved fence you *will* seek legal advice. Then do so. Evidently, this HOA has issues within it's board. Do not let them push you around. You did exactly what was required of you. Stand firm on that. Keep repeating it until they go away. I hate it when a perfectly good HOA is ruined by one or two people's personal opinions. We, too, lived in our neighborhood before the HOA started flexing it's collective muscle. A couple of expensive lawsuits helped curb their desire to be stupidly picky. Harassed, if only because you can file a "harassment" suit. :) Quote Link to comment Share on other sites More sharing options...
Dee22 Posted June 9, 2009 Author Share Posted June 9, 2009 Well, my dh called the HOA office to complain. They are stating that although they never told us and approved our fence with no conditions that the front needs to be flat not stepped like the rest of the fence. They never told us or gave us any written advice on how the fence needed to look before we put it up. There are other fences that are stepped in the front but are vinyl not wood. I'm so frustrated... my dh is calling our lawyer to see what we need to do... They were so rude when they came to the door, acting like we'd committed a crime. :glare: Quote Link to comment Share on other sites More sharing options...
Happy Posted June 9, 2009 Share Posted June 9, 2009 Well, my dh called the HOA office to complain. They are stating that although they never told us and approved our fence with no conditions that the front needs to be flat not stepped like the rest of the fence. They never told us or gave us any written advice on how the fence needed to look before we put it up. There are other fences that are stepped in the front but are vinyl not wood. I'm so frustrated... my dh is calling our lawyer to see what we need to do... They were so rude when they came to the door, acting like we'd committed a crime. :glare: The rudeness is uncool. Very uncool. His response to you makes it sound like a personal problem or opinion rather than a business type affair. Insist that ALL communication be done in writing from this point on. They are not to set foot on your property or engage you verbally. Writing only. That way everyone has a record of what was said. And the not giving you complete instructions is completely *their* problem. They approved your plans. Tough luck if they don't like what they gave approval for. Stand your ground and talk to that lawyer. Quote Link to comment Share on other sites More sharing options...
TraceyS/FL Posted June 9, 2009 Share Posted June 9, 2009 Well, my dh called the HOA office to complain. They are stating that although they never told us and approved our fence with no conditions that the front needs to be flat not stepped like the rest of the fence. They never told us or gave us any written advice on how the fence needed to look before we put it up. There are other fences that are stepped in the front but are vinyl not wood. I'm so frustrated... my dh is calling our lawyer to see what we need to do... They were so rude when they came to the door, acting like we'd committed a crime. :glare: They failed to notify you of any changes. They don't like it, they can fix it, you built as they approved. UGH. I'm sorry you are dealing with this.... Quote Link to comment Share on other sites More sharing options...
Quiver0f10 Posted June 10, 2009 Share Posted June 10, 2009 Make copies of the approval forms. Highlight the approved part. Return to them in a certified, return receipt requested. Insist in writing that if you keep getting HASSLED about your approved fence you *will* seek legal advice. Then do so. Evidently, this HOA has issues within it's board. Do not let them push you around. You did exactly what was required of you. Stand firm on that. Keep repeating it until they go away. I hate it when a perfectly good HOA is ruined by one or two people's personal opinions. We, too, lived in our neighborhood before the HOA started flexing it's collective muscle. A couple of expensive lawsuits helped curb their desire to be stupidly picky. :iagree: Quote Link to comment Share on other sites More sharing options...
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