Madison Locklear says her mother has dementia and one reason she wanted a fence was to prevent her mother from wandering off.
She shared with Action 9 an email from the HOA’s management company after her request was denied.
[ ALSO READ: Homeowners say their fences have to go or they could face hefty fines ]
The email said she needed something else for approval: Her neighbor’s approval. She says a little time passed and the management company emailed her that her neighbor gave the OK.
“I thought everything was a green light. It’s all good,” she said.
So, her builder built the fence.
“And it all went downhill from there,” she said.
Locklear showed Action 9 a letter she says her lawyer sent the HOA.
It says -- under the neighborhood’s rules -- the fence could only extend 11 feet. Locklear’s fence is 13 feet. The HOA says too big. Her attorney says there are utility lines under the 11-foot line, so her contractor extended the fence to be safe.
She says the HOA said she could keep it that size as long as she moved part of the fence farther from her neighbor’s HVAC unit. But she says her neighbor’s HVAC unit is actually encroaching on her property, which she’s been OK with.
But now, she says if she moves the fence, it’ll be too close to her own unit, which she claims would be a code violation.
According to a letter she showed Action 9, the HOA is fining her $100 per week. She says the total is more than $600, so far.
“I’m very, very frustrated,” Locklear said.
She used to be on the board, so she argues she knew the rules and played by them.
But the HOA argues Locklear -- as a past board member -- should have known better.
The HOA’s lawyer emailed Action 9 attorney Jason Stoogenke, “Ms. Locklear was a former board member and is very familiar with the governing documents for the association, which includes the obligation to obtain architectural approval for any modification in advance, and in writing, from the association.”
The HOA’s lawyer also wrote, “Situations like this are always difficult for associations, because we do not comment on individual violations and certainly do not comment on enforcement actions once a fine has been levied. That would be a violation of fair debt collection practices acts. I do feel it is appropriate to state that whenever someone contacts news media about any story, they have their own particular position that is, automatically, one-sided.”
She went on to say, “To the extent there are outstanding issues here, I am continuing to work with this owner’s attorney, and hopefully we will reach a mutually agreeable resolution that the parties can agree on.”
It can be hard to win a dispute with your HOA. After all, you agree to live by their rules when you move into the neighborhood.
If you have an issue:
- Enlist the support of your neighbors. Strength in numbers.
- Try meeting with the board as a group, not by yourself.
- You can always talk to a lawyer. Just know it’ll probably cost you
VIDEO: Homeowner says she spent thousands on fence for ‘puppy dog’ but didn’t get what she paid for
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