We bought a home less than a year ago with the option to put up a fence, now the HOA wants to change it> Can they?

The only reason we bought our new house was because the neighborhood allowed fences, although when we brought it, it didn’t have one. We would have never brought this house if it didn’t have the option to put up a fence What rights do we have if they vote to disallow fence in our subdivision?

Asked on June 16, 2009 under Real Estate Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, there is a thing called detrimental reliance.  Now, was this listed on any of your paperwork -- the ability to put up a fence? If it was verbal, you may have to rely on detrimental reliance.

If the ability to put up a fence is available and the HOA hasn't changed the rule, it may be time to put it up now -- that way you are not out of luck.

 


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