#468-G, Decoverly I Homeowners Association v. Ghasabehi (January 8, 2001) (Panel: Stevens, Subin, Wertlieb)

The homeowners association (HOA) filed a complaint against the homeowner (HO) claiming that he constructed a fence without approval and in a style not permitted by the architectural rules of the community.

The HO did not deny the claims and did not appear at the hearing.  The evidence produced by the HOA's witness at the hearing showed that the HO had built a fence without asking for approval from the HOA as required by its rules.  The fence was poorly constructed, was made of materials not permitted by the rules and was of a design different from the community standards.  However, the HOA was currently considering revisions to its rules on fences.

The hearing panel held that the HO had violated the rules by constructing a fence without prior approval.  However, the panel went on to state that although the fence was not constructed according to the community's existing rules, it was premature to order the fence removed because it might be possible to modify the fence to conform to the rules, and the rules themselves were under reconsideration.  The panel therefore ordered the HO to submit a proper application for his fence to the HOA for such review as the HOA thought proper.