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
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.