Wednesday, October 31, 2018

Ask the HOA Expert: Can a New Board Overrule a Previous Board's Decision? (Part 1 of 3)


Question: I have had a picket fence around my front yard for 10 years. Recently the new board decided that it does not fit in the approved theme of dog eared fencing. They have ordered me to remove it or change it to match the neighboring fences. My fence was built only after my architectural request was approved by the board in writing. Does the current board have the right to require us to change it because they don't like it?
Answer: No, the board 10 years ago approved the installation and the current board cannot reverse that decision. But try to maintain the high road on the matter. Offer a compromise: The next time the fence needs to be replaced, agree that it will be done with a conforming design. Offer to sign a recordable document that discloses this requirement to future owners.

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