#293-G, River's Edge Homeowners Association, Inc. v. Harding, (July 10, 1996) (Panel: Stevens, Kristian, Price)

The homeowners association (HOA) complained that the homeowner (HO) had constructed a pool enclosure without permission, had failed to complete the enclosure, and had constructed a chain link fence along the property boundaries without permission.

The evidence at the hearing showed that the HO had begun construction of a chain link fence without approval and that the HOA rules banned chain link fences unless they were not visible from the street and did not extend past the front wall of the house; this fence violated both rules; it also showed the HO did not complete construction of the pool enclosure.  The Covenants required that all changes to any home first be approved in writing by the HOA.

The hearing panel concluded that the HO violated the rules by not submitting applications for the pool enclosure and chain link fence and starting construction without written approval.

The panel ordered the HO to submit proper applications for the enclosure and the perimeter fence within 30 days, and to comply with the HOA's rulings on the applications within 60 days after the HOA's decisions; the HO must remove any portion of the chain link fence that is rejected by the HOA.