Skip to main content

Decisions and Orders Main Page

CCOC Decision Summary

#303-G, Hamlet Station Homeowners Association Inc. v. Barron (May 2, 1996) (Panel: Myers, Kristian, Price)

The homeowners association (HOA) complained that the homeowner (HO) had constructed a fence on his property without prior approval and in a style that did not comply with community standards.

The evidence at the hearing showed that the HOA's Covenants provided that no member can construct a fence or any other structure on his property without approval from the HOA and that if the HOA fails to act on an application within 60 days of receiving it, approval will not be required; and the HOA's rules required that all fences be no taller than 6 feet and be of board-on-board construction.  However the rules given to the HO did not include the passage on height limitations or type of construction.  The HO built his fence without seeking or obtaining approval; he did not respond to the HOA's attempts to notify him of the violation; and he did not respond to the complaint when it was filed with the Commission.  The HO did not attend the hearing. 

The hearing panel found that the HO violated the community rules by constructing a fence without prior approval; the panel further ruled that it did not reach the issue of whether the HO also violated the construction standards for fences.  The panel ordered the HO to remove his fence within 45 days and to pay all the reasonable costs incurred by the HOA in connection with its complaint to the Commission.

Go Top