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    Post: Fence Material Dispute

    Posted by Michael Pinson on 8/04/07

    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

    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.

    Posts on this thread, including this one
  • Fence Material Dispute, 8/04/07, by Michael Pinson.
  • Re: Fence Material Dispute, 8/06/07, by out of state.
  • Re: Fence Material Dispute, 9/18/07, by Free West law everywhere.

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