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Subject:  illegal double fence
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08/17/2012 10:05 AM  
Does anyone know how to quantify, in dollar damages, the effect of a neighbor installing a fence against another already existing fence? Different type of fence. It has wire on it to contain dogs. Fence was put up in violation of HOA covenants. We have a small 9 home HOA and with a 90% turnover of owners in last 3 years. The new owners do not want any enforcement and are all violators of not following the architectural covenants and want to do a "one time retroactive approval" of their violations saying this will not affect enforceability going forward.

I can find nothing on any court dealing with a retroactive approval-i.e. you pat my back and I'll pat yours and all will be well.

Real Estate appraisers can find no data to be able to prove any diminution in value from an ugly double fence that creates weed issues between the two fences. Driving around the area I can find no double fences in upper scale home areas. Some have none and others require them(single fence) but of the same style.

This ugly double fence situation with the tall weeds would surely detract from value but how can it be quantified? Just ask a judge to take judicial notice and fashion a dollar figure?

Any help would be appreciated as I am having to do the enforcing here.


08/17/2012 10:08 AM  
Duplicate post. Please post responses on this thread:
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Forums > Homeowner Association > HOA Discussions > illegal double fence

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