Homeowner Ordered To Move Fence After HOA Mistake: 'Do They Have The Power?'

It's funny when it's the plot of a comedy movie, but strained relationships with a neighbor IRL can feel more like a horror film. And it's fences that often are at the center of neighbor-versus-neighbor strife. Redditor CeleryAdmirable3291 explained such a situation on legal advice subreddit r/AskALawyer after doling out around $10,000 to fence in their yard. (Reddit advises readers against taking legal advice from subreddits in favor of consulting a licensed professional in your area.) 

Both their HOA and the HOA's architectural review committee (ARC) had authorized them to build a fence, but once it was in place, several community members complained that the fence extended too far past the dwelling itself. CeleryAdmirable3291 received an email with this information from their HOA stating that it had approved the fence in error, and that the HOA would shoulder the cost of replacing it with an enclosure with shorter sides. In a later message, the HOA recanted its offer of paying to move the fence to a new location.

Unfortunately, this scenario exemplifies one of the worst ways your HOA can affect your backyard. Not wanting to reduce the safe play space for their children and pets or disrupt their landscaping, CeleryAdmirable3201 was unsure what their next steps should be. They also reached out to members of the subreddit r/HOA for additional perspectives. The resulting conversation is colorful but leaves uncertainty about the homeowners' rights. Suggestions range from essentially telling the HOA to "shove it" to advising them to talk to a lawyer ASAP.

One of the biggest mistakes everyone makes when installing a fence is not getting approval from an HOA, if you have one. This wasn't the case with CeleryAdmirable3291; not only had the HOA documented its approval, the property owners also had authorization from the ARC. What seemed like it should have been a cut-and-dry "we have documentation" issue became murky for CeleryAdmirable3291. 

This isn't a one-off situation, either. Many contributors shared their own struggles and outcomes in different states and jurisdictions. In a good number of cases, the property owners won out against the HOA, but other commenters cautioned them not to assume this always happens. More than one participant advised getting a lawyer's advice; the overriding thought is that an HOA won't drag the issue into court. Paying exorbitant fees for a lawyer's advice isn't an easy pill to swallow, but compared to racking up fines and eventually going into litigation, the cost and stress involved are considerably less.

It turns out that the HOA eventually backed down on the issue, much to the family's relief, but this was after several months of stress and limbo. It appears that bringing in a lawyer helped curtail the conflict and that enlisting one immediately might be the best option for other people involved in an HOA tug of war. Granted, involving a lawyer isn't cheap, but getting quicker closure on a problem like this is probably worth the expense and the peace of mind. Trifling issues like this one may make you grateful that HOAs may be on their way out in the future.