• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can Hoa's do this?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? South carolina.

The covenants and restrictions in our neighborhood state that all fences start at the back corner of the homes. We built our fence and now have noted that 2 people have placed their fences 1/2 way up the sides of their homes with hoa approval. I sent in a request to move the gate on one side of my home to 1/2 way up because the neighbors home and mine is not even ans so there is now a strip of land that is hard to maintain and gets no light and the grass is dying.

After allowing a neighbor to do this, we were denied. The letter says " fences must be installed no further than the back corners of the residence, with a rare exception." How can they tell one neighbor yes and another one no on the same request? Is that legal?
 


Kiawah

Senior Member
I would appeal back to the homeowners association, with reference and pictures of neighbors fences. Could be the other homeowners never got permission.
 
actually, they did approve the recent installation with the fence starting midway up the home, they even told me that they approved it. I was just wondering if the HOA can tell one family yes and another one no fot the same request.
 

csi7

Senior Member
You can prove your case with the dying grass, the fact that these neighbors were allowed, for whatever reason, to place their fences 1/2 way up. What you want to do is improve the value of your property by removing the dying grass from the public view. An exception was made, for whatever reason, for one neighbor. The association has an obligation to review the case in an equal and impartial manner. Put everything into a timeline, complete all documentation, and set up presentation of facts, statements to the HOA board to provide this information.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top