Legal Question in Real Estate Law in Virginia
Homeowner Association approves neighbor fence
We are in the process of building a fence. Unfortunately due to the abd weather and problems with the builder we delayed the work several months. Now a neighbor moved in behind us and errected a fence right behind us, even our permit from the Home Owner Association allows us to build a fence there. We objected against the type of fence but were ignored, having the Home Owner Association approving his (the naighbor) fence within hours, not even walking the property or reasearching existing permits. We now have a contractor paid in full for a fence that would stand against our naighbor's fence. The Homeowner Association booklet does not state anything about two fences being against each other. We want our fence and are shocked about the ''buddy buddy'' bahavior that was shown by the Home onwer association, since the neighbor was part of it.
What are our legal options to have our fence build or the other fence removed?
1 Answer from Attorneys
Re: Homeowner Association approves neighbor fence
Virginia Courts seems to give substantial deference to the decisions of Homeowner Associations involved in disputes with member owners of the association. I would, therefore, not be optimistic regarding your chances of having your neighbor's fence removed and your proposed fence built in its stead.
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