#341-G, Laytonia Homeowners Association v. Malone, (September 12, 1997) (Panel: Stevens, Krampf, Price)

The homeowners association (HOA) filed a complaint requesting an order from the Commission that the homeowner (HO) remove a fence that was different from the fence the HOA had given her permission to build.

The HO did not attend the hearing.  The evidence showed she was notified by mail of the hearing date, and responded by sending a letter stating that she could not attend and giving her reasons.  She did not ask for a new hearing date, and she did not respond to any attempts to contact her for one; and therefore the hearing panel determined to hold the hearing without her.

The evidence at the hearing showed that the HOA Declarations required prior approval for all architectural changes, including fences.  The HO applied for permission to construct a split-rail fence 50 inches high; the HOA failed to act on the application in a timely fashion and it was approved by default.  However, the HO actually constructed a board fence over 6 feet tall, and this design did not conform to the style of fence approved in or used in the community. 

The hearing panel found that the fence as constructed violated the community rules because it was not approved and did not conform to the architectural requirements.  The panel ordered the HO to remove the fence within 45 days.