My question involves real estate located in the State of: West Virginia

Can an HOA allow a neighbor to use our fence (which is within property line) as a common/shared fence without our consent?

Fence is about 3" from corner pins. At time of fence installation, HOA guidelines were "fence have to be within property line" - Now they request 1 foot from property line so the neighbor says he cannot take care of the land around & maintain his fence within such a narrow space since we didn't leave 1 foot as well. We feel it's an excuse because he doesn't want to go through the expense of building a back fence. When he applied for fence approval (only one side wall!) he mislead the HOA saying we are on the property line.