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    Re: Fence Material Dispute

    Posted by out of state on 8/06/07

    The covenant restrictions will vary from state to state and
    even city to city. I do not know what state you are in but
    here is an excerpt from a CA case pretty much on point. Let
    me know what state you are in and I'll run a Lexis search to
    find a case on point in your state. (one advantage of being
    in an ABA school is you get free unlimited access to West Law
    and Lexis/Nexis)

    It sounds like your homeowner's association is acting
    arbitrarily in its decision to allow one owner to have a
    wrought iron fence and not another. Unless they can show
    specific differences in the situation of the neighbor with a
    wrought iron fence and your situation you will likely win---
    but it may cost you some attorney fees ;-)

    Below is a cite to; [Ironwood Owners Ass'n Ix v. Solomon, 178
    Cal. App. 3d 766 (Cal. Ct. App. 1986)]

    "When a homeowners' association seeks to enforce the
    provisions of its covenants, conditions, and restrictions to
    compel an act by one of its member owners, it is incumbent
    upon it to show that it has followed its own standards and
    procedures prior to pursuing such a remedy, that those
    procedures were fair and reasonable and that its substantive
    decision was made in good faith, and is reasonable, not
    arbitrary or capricious. The criteria for testing the
    reasonableness of an exercise of such a power by an owners'
    association are (1) whether the reason for withholding
    approval is rationally related to the protection,
    preservation or proper operation of the property and the
    purposes of the association as set forth in its governing
    instruments and (2) whether the power was exercised in a fair
    and nondiscriminatory manner."

    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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