If my HOA has a rule about permanent fencing but not temporary fencing, am I bound by the permanent fencing rule if I am using temporary fencing?

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If my HOA has a rule about permanent fencing but not temporary fencing, am I bound by the permanent fencing rule if I am using temporary fencing?

Am using it for only 3 months.

Asked on June 25, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no way to answer your question definitively: it depends on--

1) the exact language of the rule;

2) in particular, if there is a definition of "permanent fencing" in the rules;

3) the nature of the fencing you are installing--for example, regardless of its intendfed duration, is it of a type normally associated with permanent fending; and

4) any policy statements in the rules which will help understand the reason for the ban on permanant fencing--and thus help  understand if the fencing you propose to put up or have put it violates the ban.

Bear in mind that HOAs can be among the most stubborn and vindictive entities on earth; even if you believe that you  have not violated the rules, if they feel you have, you could find yourself in potentially expensive litigation with your HOA. It may be best to not challenge them on this issue. Or if  you feel you have a strong need for the temporary fencing, consult in person with an attorney with HOA experience first, bringing a copy of the rules for him or her to review.


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