Must I comply with the Association’s rules when adding onto my home?

QUESTION: We want to construct a new 6’ high block fence. Our CC&R’s state that fence height shall not exceed 4’.  However there are existing fences that are higher than 4’.  I have to submit a sketch with the proposed fence location and height.  If my plan for the 6’ fence is rejected could I pursue the issue of existing 4’ plus fences or am I at the mercy of the board of directors?

ANSWER: This is a complicated question without a simple answer. The mere fact that there are fences in the subdivision that do not conform to the existing requirements of the CC&Rs does not mean that you automatically can ignore the restrictions. It may be that the HOA has waived its right to enforce the height restriction, but there are many additional factors to consider, such as whether or not the Board has granted variances from the requirement in the past or merely allowed the fences to be constructed. I would suggest…

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