#430-G, Longmead Crossing Community Services Association v. Bright (November 4, 1999) (Axelson, Kristian, Perkins)

The homeowner association (HOA) filed a complaint with the Commission asking it to order the homeowner (HO) either to rebuild an unapproved new fence so that it complied with the architectural rules or to remove it.

The evidence at the hearing showed that the HOA Declarations prohibited any changes to the units without the prior approval of the HOA, and in particular required all fences not installed by the developer to be split rail fences in front of the house, and either stockade, board-on-board, or split rail in the rear yard no higher than 42 inches.  The HO applied for, and received permission to construct, a deck and split rail fence; but in fact she constructed a picket fence that was up to 60 inches high in places.  She later applied for permission to construct the picket fence but the HOA rejected the request and ordered her to remove the fence.  6 months later, the HOA amended its architectural rules to allow for picket fences of a certain design in the rear yards, but the HO's fence did not meet the new criteria either.

The hearing panel ruled the HOA had acted properly to order removal of the  picket fence, and had also acted properly to amend its rules to allow picket fences of certain designs but not of the design of the HO's fence; it further ruled that the HO had violated the rules by constructing a picket fence without approval.  The panel also concluded that the HOA had acted reasonably to deny approval to the HOA for the type of picket fence she constructed.  The panel ordered the HO to submit an application to the HOA showing what modifications she would make to her fence to bring it in compliance with the new rules, and then to perform the necessary modifications as specified by the HOA, and to do so within 30 days of the HOA decision.  If the HOA rejected her proposed modifications, she must remove the fence within 30 days.