What to do if I put up a fence on the common area next to my townhouse 6 years ago but now the HOA wants me to take it down?

UPDATED: Nov 19, 2011

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What to do if I put up a fence on the common area next to my townhouse 6 years ago but now the HOA wants me to take it down?

I have maintained and painted the fence after being ask to do so by the HOA. I have lived there 13 years the fence had been there 6 years. No one has ever said anything until now.

Asked on November 19, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have placed a fence on your property more than six (6) years ago in violation of any association rules or recorded covenants, conditions & restrictions with respect to your home, there is the possibility that you may have perfected a prescriptive easement as to the fence if its presence was open, continuous, hostile, under claim of right for over five (5) years.

Likewise, the association may have waived any impropriety as to the fence by failing to object to it over the period of the last five (5) years. If you want to have the fence remain, you have the above theories listed above to support your keeping the fence up.

If the association continues to pressure you about the fence, you might consider consulting with a real estate attorney about your issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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