Posted by Michael Pinson on 8/04/07

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Our homeowners Association does not allow wrought iron
fences. However a board member's neighbor installed one
anyway. They baord did nothing for the first two years. On
year 3 they cited the owner to remove the fence or face
legal action. One year later they still did nothing. On
Oct 2 I applied for a wrought iron fence material, They
did not reply back in writting until 12/31 which they
approved my fence but stated I must use wood under the
deed restrictions. On Dec 5, 3 weeks prior the stated on
video tape at the annual meeting that my neighbors fence
was suddenly approved because the board did not respond to
his fence application within 30-days, and therefore his
fence was approved. The board refused to allow inspection
of the supporting DOCS for this on any level. There is no
such 30-day rule in the bylaws. They told me they they
plan to sue me if I use the exact same fence material when
it took almost 90 days for them to reply to my fence
application.

What case law supports this as selective enforement. They
claim that they have the right to approve this fence but
not allow any more of the same fence type.

Re: Fence Material Dispute, 9/18/07, by Free West law everywhere.

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