Legal Question in Real Estate Law in Indiana

Covenants, Conditions and Restrictions

Our CC&R's state that wooden fences are permissible. They also state that approval for a fence must be obtained from the HOA. The HOA is verbally saying only vinyl fences are acceptable although there are existing wooden fences in the subdivision. Do I have the right to install a wooden fence?


Asked on 9/12/06, 4:32 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Covenants, Conditions and Restrictions

Unless the HOA has amended the CCR, you should be able to put up a wood fence that is conforming to the others that are already there. However, you shouold contact a lawyer. I think that a letter from a lawyer submitting your plans and citing the CCR provisions should be sufficient.

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Answered on 9/12/06, 6:03 pm


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