Legal Question in Civil Litigation in Florida

Homeowner Associations

We have lived in a subdivision for almost 5 years. When we moved in, there were no HOA rules regarding the placement of fences. Our fence has been up for 4 years and now the HOA wants an amendment voted in that fencing be a certain footage within the back of your home. If it gets voted in, we have one year to move our fence at our cost. Is there anyway I can fight this? Our fence is part of our security as it covers every window except one, including a newborn's bedroom. We live adjacent to a corner lot , who has a fence further than the front of our house. If we moved out fence back, it would create an ''alley'' down the side of my house that would be very hard to see from the road. Although I know a fence is not a security system, the dog that stays in the back yard keeps anyone from jumping the fence. Also, if I moved my fence and my house got broken into, would I be albe to sue the HOA. We have not been broken into with our current fence situation.


Asked on 12/27/04, 11:22 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Homeowner Associations

Suggest you speak with your Board to explain

your position.

Read more
Answered on 12/28/04, 6:57 am


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