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Hi Michael, I continue to have issues with my...

Resolved • Response time 6 minutes

25 May 2022

Hi Michael, I continue to have issues with my HOA. Stating my 3 panels is a fence -needs to come down which is in my back yard within my 6’ privacy fence. They stated I need to go through an approval process by giving them an on site project site presentation. Need to be detailed with paint color and what type of paint, sizes of decorations, making sure it is hidding my pool pump. Paints need to be neutral and that the community itself states what is asthetically pleasuring not the homeowner.
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25 May 2022

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Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

Hello, my name is***** will be the attorney assisting you today. I know your situation is complicated. Please be patient if I do not respond within a few minutes as I may be completing another customer’s answer before getting back to this one, or may not be in front of my computer. Is there any additional information you think might be helpful?


25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

How can I help with this situation?

25 May 2022
Customer reply
25 May 2022
I feel that my rights as a homeowner are being violated. I put up three wooden panels inside my 6’ privacy fence which obviously isn’t private. The three panels are being painted to look like surf boards. It will have decorate hooks to hang beach towels it is about 20 feet from the pool even with my patio. They stated no wooden fences are allowed. Well it’s not a fence. They stated also the fencing should only be 4’ tall…. It’s not a fence! They have been nothing but harassment to me for everything. Now they are staying they want to come to the project site to approve and o must have a presentation prepared. Prepared with details why they should allow this in my backyard. Stated they need pain color paint make what paints heights if they differ why they should allow this, it’s not attached to anything not to the house not to an existing fence. I’m unclear if I go to court do I have a leg to stand on? I have months of emails of harassment from putting shed in according to their requests and bylaws. Fence approvals of rediculousness of emails color make whos installing etc. which by laws state vinyl fence is ok up to 6’ . It’s over and over. Now with this 3 panels I’m painting and making fun for my backyard
25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

What do the HOA bylaws state?

25 May 2022
Customer reply
25 May 2022
By laws state no wooden fences but as I explained that this isn’t a fence it’s decoration for beach towels and to hide the pool pump which isn’t an enclosure
[Attachment hidden]
25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

And that is inside your fenced in yard which complies with the HOA correct?

25 May 2022
Customer reply
25 May 2022
After explaining to them it’s not a fence (since someone had to not mind their own business) they stated it is and I need to remove it or let them hear a presentation of why I should be able to keep it. I feel it’s in my yard back yard and within my 6’ privacy fence
25 May 2022
Customer reply
25 May 2022
There isn’t anything in the bylaws stating I cannot have three panels of wood for decoration.
25 May 2022
Customer reply
25 May 2022
It states no wooden fences
25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

Yes, you are within your rights to have that.

25 May 2022
Customer reply
25 May 2022
It states all enclosures need to go through approvals … it isn’t an enclosure either
25 May 2022
Customer reply
25 May 2022
I can tell you they have done nothing but be petty and be on a power trip with everything I’ve asked for. Approvals… processes … and all abiding too their bylaws and county request and nothing h but emails after emails of request from them. The bylaws are from 30 years ago that they copied from a neighborhood over. They stated only they can determine what is asthetically pleasing not the homeowner.
25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

No it is not, the HOA, based on the information provided, does not have jurisdiction over that structure.

25 May 2022
Customer reply
25 May 2022
Here is one of their screen shots . I do not want anyone in my backyard
[Attachment hidden]
25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

You can inform the HOA that they do not have jurisdiction over items in the backyard.

25 May 2022
Customer reply
25 May 2022
I am literally getting anxiety over this :( I don’t want to read their emails in fear I won’t sleep . Thank you. I did mention to them that they are in breach of their own contract and that I’m not violating anything and I’m not liable for anything and they came back with their requests that I sent an image to you :( they are horrible,
25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal
Law Partner

You are in the right.

25 May 2022
Customer reply
25 May 2022
Thank you for your help I’m so frustrated daily with these emails. I have ignored them now :(
25 May 2022
Lawyer's response
25 May 2022
DanLegal
DanLegal

I'm happy to hear I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favorite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction.


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25 May 2022
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