What to do if I put up a fence on the common area next to my townhouse 6 years ago but now the HOA wants me to take it down?

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What to do if I put up a fence on the common area next to my townhouse 6 years ago but now the HOA wants me to take it down?

I have maintained and painted the fence after being ask to do so by the HOA. I have lived there 13 years the fence had been there 6 years. No one has ever said anything until now.

Asked on November 19, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have placed a fence on your property more than six (6) years ago in violation of any association rules or recorded covenants, conditions & restrictions with respect to your home, there is the possibility that you may have perfected a prescriptive easement as to the fence if its presence was open, continuous, hostile, under claim of right for over five (5) years.

Likewise, the association may have waived any impropriety as to the fence by failing to object to it over the period of the last five (5) years. If you want to have the fence remain, you have the above theories listed above to support your keeping the fence up.

If the association continues to pressure you about the fence, you might consider consulting with a real estate attorney about your issue.


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