What is the name of your state? TX
Our HOA's CC&Rs originally stated that fence heights were not set. Then it was later amended to be 6'. This was prior to my moving in. The neighbor behind me has an 8' fence. In fact, there are many homes that have 8' fences. I changed my fence to match his fence height. Later, a new amendment was made stating that some properties now have to have 8' fences and some others have to remain at 6'. For those homes that are already at 8', the homeowner could seek an approval from the architectural review committee. Here's where the dispute lies:
Those persons who are "in tight" with the board members and who already have 8' fences received approvals. Those , like me, who were not "in tight" with the board did not. It is an uneven playing field. To get around this, how difficult would it be to seek a declaratory judgment and legal costs to have this entire rule invalidated based upon the uneven way the restriction is being applied?
Our HOA's CC&Rs originally stated that fence heights were not set. Then it was later amended to be 6'. This was prior to my moving in. The neighbor behind me has an 8' fence. In fact, there are many homes that have 8' fences. I changed my fence to match his fence height. Later, a new amendment was made stating that some properties now have to have 8' fences and some others have to remain at 6'. For those homes that are already at 8', the homeowner could seek an approval from the architectural review committee. Here's where the dispute lies:
Those persons who are "in tight" with the board members and who already have 8' fences received approvals. Those , like me, who were not "in tight" with the board did not. It is an uneven playing field. To get around this, how difficult would it be to seek a declaratory judgment and legal costs to have this entire rule invalidated based upon the uneven way the restriction is being applied?