Legal Question in Real Estate Law in Wisconsin
HOA wants approved fence removed
My subdivision has an HOA which used a management company to take care of day to day activities. I bought my house and requested approval to install a fence, as required in the deed restrictions. I was approved by the management company and put up my fence.
One week later the President of the HOA stops by and says that the fence is not allowed. He takes a copy of the e-mail fence approval and says he fired the management company and that it was not approved by the board.
The HOA now wants to pay me to take down the fence, but I feel that I did what was required and should be allowed to keep it up as it is not my issue that the management company did not follow the proper procedures.
Any help would be greatly appreciated.
Thanks!
1 Answer from Attorneys
RE Real Estate, HOA Home Owners Association Disagreement with Manager on Fence Approval
RE Real Estate, HOA Home Owners Association Disagreement with Manager on Fence Approval
Do the subdivision rules allow the HOA to appoint a manager and delegate decision making authority to him? If so, the manager may have been clothed with sufficient apparent authority to grant the approval and bind the HOA to it, regardless of the views of the president and association after the fact. This means that you may have a defense if they attempt to force you to remove the fence. That certainly could not rule out an expensive piece of litigation, however. You really need to hire a lawyer to fully investigate all of Board's options and read through all of the paperwork before you make any decisions. Even if the approval was proper, they may have other avenues of attack. These comments are not intended as legal advice for you and do not create an attorney client relationship (unless you subsequently retain me). Good luck.
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