Question
The client, Clark Bishop, lives in a community that is governed by an HOA. He bought his home in 2010. He owns a large lot
The client, Clark Bishop, lives in a community that is governed by an HOA. He bought his home in 2010. He owns a large lot with multiple fruit trees. The HOA has governing rules called Covenants, Conditions and Restrictions ("CCRs"). The CCRs state that if a person owning a unit within the HOA wishes to put up a fence, the fence must be white and no more than 6 feet tall. Clark's neighbor, Judy Jetson, just moved in next door. She hired a company to install a 10 ft tall wooden fence without seeking permission from the HOA. On top of that, the contractors built the fence 6 inches onto Clark's property line. Clark probably wouldn't mind if the fence was wooden, but the fact that she built a non-conforming fence, and it is on his property, has upset him. Judy claims that she was never told of the fencing rule. She points to other issues in the HOA where people are not conforming to the CCRs. For instance, the CCRs state that gardens are not allowed in the front yard. One neighbor who moved in ten years ago has a vegetable garden in her front yard. In addition, the CCRs state residents cannot own other animals besides one pet. One neighbor has three dogs. She uses these examples to show why the CCRs are not being enforced. She also states that it would be costly for her to remove the fence even if it does cross "slightly" over into Clark's yard. Upset and unsure what to do, Clark comes to your firm to determine what he can do to get the fence removed.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started