Can The HOA Legally Remove Our Fence? – Dear Esq.

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Back in 2006, approval was requested to our HOA for us to raise a fence. The HOA never responded to our request. After 2 months the fence went up and now 9 years later they want the fence to be taken down. Can they do this after 9 years?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Maybe. This is something that you should first look up in the HOA documents. There may be a process or a time limit stated there. If that fails, I’d look into local law, but there you’re less likely to find a time limit (trespasses are “ongoing,” so in effect you’re starting the clock every day it continues).

You can also try to negotiate with the HOA on this point. Would they accept taking the fence down in the future (maybe when it needs replacing anyway)? How about a shorter fence? One in a slightly different position? You may be able to find a compromise that works for both parties.

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