What to Do if an HOA Denies Permission to Build a Fence

My question involves a consumer law issue in the State of: Missouri

We (wife and I) moved into a home built in the 90's a few months ago. We read through the restrictions thoroughly, as we had specific needs (fencing, ability to build outbuilding) that were important factors in our decision to buy the home. We believe the restrictions were clear that they allow fences with the approval of the HOA, backed by over 30% of the homes having perimeter fences. My wife attended the HOA meeting on 07-12-17, come to find that fences are a hot issue. Two of the three board members don't like fences, and stating that the restrictions are clear that fences are not allowed. The third board member is quite nice, and has been giving us background information. He states that the two of them do not like fences, and any request will get denied. We submitted our request, and it was indeed denied. We then resubmitted the request, changing the fencing to not be continuous and thus not a perimeter fence, and it's expected to be denied again (the third board member said the other two are not wanting any fences so all get denied).

It is very clear that 2 out of 3 board members have a personal issue with fences. We have 1 board member who is telling us this, as well as person in charge of the restrictions committee. He is our direct neighbor, and we have been told by him the same thing. He also told us that the board did approve a fence just a month or two ago, and gave me the address. So we now know that they approved their fence, yet they are denying others. While we don't exactly know for sure of the reasons for their approval/denial, we have been told that the two board members do not want any fences in the old section of the neighborhood, which is where they live (and the house we bought is in). The one they approved is in the newer section. It's very clear that these two members are acting on their personal agendas.

Even before the first denial, I reached out to a legal acquaintance to see if they could help. This was the response I received . "If they deny, there are two options. 1. Build and see if they sue you. The risk here is that the court could later tell you to remove the fence. 2. You file suit and ask the court to allow it. You will need to get a fence expert and have to have him get on the other properties that have fencing to take measurements and such. You are looking at spending 10K or more in either option, so you also have to decide if the fence is really worth it."

I'm reaching out to see what we can do, without spending 10K which we don't have. The home is on a busy corner lot, and we have two very young children, which only a fence can provide the safety we need.

Run for the HOA board against one of the members who does not like fences, and get someone else to run against the other (make sure that person is not opposed to fences). Then campaign like crazy so you get elected. Then reapply for permission for your fence.

thank you. i can type up the portion that talks about the fences and post them here. i just didn't know if that was allowed on this site.

and as for booting the members. would love to! i heard that one of them may be end of term in december. i have no idea how terms and elections work, nor how to remove them.

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Quoting jjwelly

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thank you. i can type up the portion that talks about the fences and post them here. i just didn't know if that was allowed on this site.

and as for booting the members. would love to! i heard that one of them may be end of term in december. i have no idea how terms and elections work, nor how to remove them.

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Then its time to find out.

here are the fence restrictions. The first link are the original restrictions, the ones we thought to have believed to be the current ones. These are what we were given by the title company when we purchased the home. The second ones are the ones that apparently were changed to at some point by these two board members. I don't have dates on when these were changed, but it's thought to be before we purchased the home by a couple of months.

http://www.graydesigngroup.com/jeff/...strictions.pdf
http://www.graydesigngroup.com/jeff/...strictions.pdf

I'm reading into the other parts trying to find out where it states elections...

Thanks!!!

I have some more homework for you. Changing the CC&Rs in a HOA requires a certain % of the members to vote yes. That is assignment one. Then find the section about the administration of the HOA about the meetings, minutes and records that must be kept. While the CC&Rs give the directors the authority to make decisions (reserve funds, hiring and firing, assessments for maintenance and improvements, etc.), they can't change the CC&Rs without following to the letter what the contract says the procedure is.

The point is that the member who don't want fences don't have the authority to just change the contract without the members voting.

After you find all the sections I spoke of, you send the Board a letter requesting when, where, how the vote was taken to change the CC&Rs. Cite all the relevant parts of the contract and request the documentation to prove that all requirements were met.

Don't be at all threatening at this point. Just ask for the documents and ask that the attorney for the HOA (that happens to be the signer of the affidavit, Lester C. Stuckmeyer ) responds with the relevant facts.

What you posted about the change in the contract doesn't include any resolution of the BOD to change it. All it looks like is the affidavit signed by the lawyer. Is he also on the Board?

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Quoting budwad

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I have some more homework for you. Changing the CC&Rs in a HOA requires a certain % of the members to vote yes. That is assignment one. Then find the section about the administration of the HOA about the meetings, minutes and records that must be kept. While the CC&Rs give the directors the authority to make decisions (reserve funds, hiring and firing, assessments for maintenance and improvements, etc.), they can't change the CC&Rs without following to the letter what the contract says the procedure is.

The point is that the member who don't want fences don't have the authority to just change the contract without the members voting.

After you find all the sections I spoke of, you send the Board a letter requesting when, where, how the vote was taken to change the CC&Rs. Cite all the relevant parts of the contract and request the documentation to prove that all requirements were met.

Don't be at all threatening at this point. Just ask for the documents and ask that the attorney for the HOA (that happens to be the signer of the affidavit, Lester C. Stuckmeyer ) responds with the relevant facts.

What you posted about the change in the contract doesn't include any resolution of the BOD to change it. All it looks like is the affidavit signed by the lawyer. Is he also on the Board?

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Thank you for your help. I believe it takes 70% of all owners for amendments. The person in charge of the restrictions committee gave me a copy of the voting ballot. It is posted here: http://www.graydesigngroup.com/jeff/voting%20ballot.pdf

They were very sneaky in how they changed it. They only underlined a few lines, leading everyone to think that this was the only change they were voting on, more of a clarification. All the other verbage that they changed went unnoticed. I've spoken to many neighbors and they all think I'm crazy when I tell them that according to the board, no fences are allowed. As I mentioned, over 30% of the homes have fences. I highly doubt that some of these people voted to get rid of fences. They just didn't think that's what they were voting on, AND, even with the current verbage, I don't think they were successful in clarifying that no fences are allowed.

I also noticed that they changed the terms of the directors, giving them more time on the board. Before this, elections were annually.

The attorney is not on the board. There are only 3 members. 2 old dudes who hate fences, and 1 young guy who is very helpful, but powerless against the other two.

I still think they were very sloppy in their verbage to try and eliminate fences.