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Thread: Fences not allowed by HOA Florida

  1. #1
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    Default Fences not allowed by HOA Florida

    We submitted the request and got it approved. The kind of the fence we are using are white PVC, 6 feet in high, no lattice, no picket top accents, and no rail design. I have followed exactly the restriction for fences. The president of HOA lives next door said that my fence is not allowed. She wanted me to use the exactly fence like hers. There are some other different type of white PVC fence used in the neighborhood. What can I do?

    Quote from the restriction:
    "All fences and gates must be constructed of hiqh-quality wood or white PVC/vinyl. PVC/vinyl fences must be of the standard tongue and groove design, without any lattice or picket top accents. Fences or gates of the picket and rail design will not be allowed. All fences shall not exceed six (6) feet in height and must be maintained in good condition at all times"

    http://www.lowes.com/pd_317995-73428...uantity_sold|1

  2. #2
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    Has the HOA given you an official notice that your fence violates policy? If not, the next door neighbor president is blowing smoke.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  3. #3
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    I live in a small subdivision, only 36 lots. There is no management company, the board members, who live in the neighborhood, control everything. Today, I just received a letter from a lawyer saying that he represents the HOA and my fence violate the rule, ie, it's not "standard tongue and groove design". What is "standard tongue and groove design"? It's not defined anywhere in the bylaw.

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    I would contact the lawyer and kindly ask for a definition of 'standard tongue and groove'. Is your fence tongue and groove?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  5. #5
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    Quote Originally Posted by Alice Dodd View Post
    I would contact the lawyer and kindly ask for a definition of 'standard tongue and groove'. Is your fence tongue and groove?
    She allowed my backyard neighbor have that kind of fence but she won't allow me. When I asked her about this, she said it's not my concern. Yes, it is. It is right on my back yard. I need a lawyer.

  6. #6
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    HOA's are a strange thing. The only way to solve this, is to ask for a official meeting of the HOA, and ask for specific information on what is allowed, why, and please do not be defensive about it.

    The rest of the "non conforming" neighbors could have already been notified. If not, one "allowance" opens the gate for everyone to use the variance.

    Talk first, then lawyer up.

  7. #7
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    We still don't have an answer as to whether the fence is 'tongue and groove'. Is it?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  8. #8
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    The link the OP posted shows a vinyl tongue and groove type fence. (The top. side, and bottom plastic boards have grooves for the plastic fence boards, which also have grooves so they fit together)

  9. #9
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    Quote Originally Posted by Alice Dodd View Post
    We still don't have an answer as to whether the fence is 'tongue and groove'. Is it?
    I don't know what is their definition of 'tongue and groove'. My fence needs hanger rail and crews to join the panel together. My backyard neighbor have the same thing. The president's fence doesn't need these to joint.

  10. #10
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    Tongue and groove is pretty easy to define, check out this photo: http://www.cypress-sawmill.co.nz/pics/015.JPG One side of the plank has a 'tongue' that fits into the 'groove' on the next plank, leaving no gaps between.

    Since your's is PVC, it should suffice, even though it's probably not technically "tongue and groove" but is one piece. It serves the purpose of not having gaps.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  11. #11
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    Quote Originally Posted by Alice Dodd View Post
    Tongue and groove is pretty easy to define, check out this photo: http://www.cypress-sawmill.co.nz/pics/015.JPG One side of the plank has a 'tongue' that fits into the 'groove' on the next plank, leaving no gaps between.

    Since your's is PVC, it should suffice, even though it's probably not technically "tongue and groove" but is one piece. It serves the purpose of not having gaps.
    They denied my fences. Reason: not standard tongue and grove. I asked the HOA to send me an approved picture of the fence so I can have an idea what type of fence. The HOA president who lives next door wants me to contact her attorney for any request.

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