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Fence On Pond Wrongly Approved By HOA

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FeelingFencedIn

Junior Member
What is the name of your state? Florida
We purchased our new construction home in September of last year with a significant lot premium for being on a pond. We also purchased with the understanding that, if a fence was to be built on properties adjacent to the pond, the fence had to be black, no higher than 4' tall and of the "wrought iron" style. We are in full compliance but, another pond resident is not. The resident, who purchased only 3 mos ago, built a 6' white pvc privacy fence which was approved by the HOA. Not only is this a direct violation of the covenants and restrictions, but it is also a direct violation of the deed they signed when purchasing their home. Their deed states that no permanent improvements are to be built next the home as it would be on the drainage easement owned by the County. I was told by the Mgnt. Company to "Get my lawyer in place" when I complained about, not only the violation of the covenants and restrictions of the HOA, but also about the wasted lot premium I paid for my view. Oh yeah.....and the homeowner is a buyer for the builder.
 


seniorjudge

Senior Member
FeelingFencedIn said:
What is the name of your state? Florida
We purchased our new construction home in September of last year with a significant lot premium for being on a pond. We also purchased with the understanding that, if a fence was to be built on properties adjacent to the pond, the fence had to be black, no higher than 4' tall and of the "wrought iron" style. We are in full compliance but, another pond resident is not. The resident, who purchased only 3 mos ago, built a 6' white pvc privacy fence which was approved by the HOA. Not only is this a direct violation of the covenants and restrictions, but it is also a direct violation of the deed they signed when purchasing their home. Their deed states that no permanent improvements are to be built next the home as it would be on the drainage easement owned by the County. I was told by the Mgnt. Company to "Get my lawyer in place" when I complained about, not only the violation of the covenants and restrictions of the HOA, but also about the wasted lot premium I paid for my view. Oh yeah.....and the homeowner is a buyer for the builder.
I was told by the Mgnt. Company to "Get my lawyer in place" when I complained about, not only the violation of the covenants and restrictions of the HOA, but also about the wasted lot premium I paid for my view.

I agree.
 

FeelingFencedIn

Junior Member
seniorjudge said:
I was told by the Mgnt. Company to "Get my lawyer in place" when I complained about, not only the violation of the covenants and restrictions of the HOA, but also about the wasted lot premium I paid for my view.

I agree.
I guess my question is, if I have a case, who am I bringing legal action against? The Mgnt. Co told me to get my lawyer but am I after the HOA, the homeowner, the Mgnt. Co......I've spoken to all of them and the finger pointing is incredible. I will be filing suit, but against whom??? Sorry for the confusion.
 

seniorjudge

Senior Member
FeelingFencedIn said:
I guess my question is, if I have a case, who am I bringing legal action against? The Mgnt. Co told me to get my lawyer but am I after the HOA, the homeowner, the Mgnt. Co......I've spoken to all of them and the finger pointing is incredible. I will be filing suit, but against whom??? Sorry for the confusion.
Sue everyone who is causing the problems.
 

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