| Neighbor's Fence
my property is located in san diego county, california. i live on a golf course. the community covenants, conditions and restrictions state "no fence, wall or hedge may be placed or maintained upon the portion of the lot which adjoins a golf course."
a man purchased the property next to mine four months ago. his purpose is to remodel and sell it. on september 17, 2001, he tried to erect a 36 inch iron fence on his property adjoining the golf course. I objected. the president of the homeowner's association told him that he could not erect the fence because it was against the covenants. the fence was removed.
on october 18, 2001, he erected the fence. the president of the homeowner's association told me on october 20, 2001 that the board approved the fence and that i had to live with it. i have written the board telling them that they are in violation of the covenants and that the fence blocks my view of the golf course.
i have owned my home since 1980. i walked the neighborhood to check all golf course lots. there are a total of 137 lots on the golf course. i found that 23 fences had been erected over the years. i presume without the board's knowledge. 83 percent of the lots do not have fences.
the board told me that they need to check their records at their next board meeting. they are giving me the run around. the covenants allow me to sue. the prevailing party recovers attorney's fees.
do i have a legal basis for a suit if i can not work this out with the board. | 
11-11-2001, 07:59 PM
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