Angus Gaffney
New Member
- Jurisdiction
- New Jersey
Hi,
I recently constructed a wooden fence on my property. My property is in a development with a HOA.
The issue is as follows:
The HOA had regulations which did not specifically prohibit constructing a wooden fence, but did require the homeowner to submit an "architectural change form" for any architectural changes to the property. Fences are not listed as an architectural change. After installation of the wooden fence, the HOA subsequently updated their regs to include fences as an architectural change, and prohibited wooden fences.
Is there any case law in NJ supporting that without it being specifically listed as an architectural change, I was not required to apply to the HOA for approval for the installation of the fence, and that without them being specifically prohibited, a wooden fence is permitted.
Thanks
I recently constructed a wooden fence on my property. My property is in a development with a HOA.
The issue is as follows:
The HOA had regulations which did not specifically prohibit constructing a wooden fence, but did require the homeowner to submit an "architectural change form" for any architectural changes to the property. Fences are not listed as an architectural change. After installation of the wooden fence, the HOA subsequently updated their regs to include fences as an architectural change, and prohibited wooden fences.
Is there any case law in NJ supporting that without it being specifically listed as an architectural change, I was not required to apply to the HOA for approval for the installation of the fence, and that without them being specifically prohibited, a wooden fence is permitted.
Thanks