Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Can the HOA and architectural board grant a request to build a fence 5 feet off my property line to allow my neighbor access to their yard? This prevents me from building near my property line decreasing access to all my property that I pay taxes on. The neighbor has an AC unit about 2-3 feet off the property line; they claim they need the extra footage to access the AC unit.
This is the sort of question you can only answer authoritatively after you review all the HOA documents. However, it can sometimes be faster to have them do this for you. Politely ask where in the documents they believe they have authority to do this.
