- Jurisdiction
- Texas
Someone in our neighborhood is putting in a fence that basically surrounds the perimeter of their home. They submitted a variance for the fence and the old BOD/ACC approved it (the HOA was in the hands of the developer at that point so they acted as both). However, this is in direct violation of the CC&Rs that state no perimeter fencing is allowed. The CC&Rs do allow for an owner to submit a request for variances and the CC&Rs say that the decision is in the sole discretion of the ACC. No one in the neighborhood, including their next door neighbors, were consulted about the fence to see if they had any objections. Our CC&Rs do not require this but we think it would have been the neighborly thing to do. There also is no appeals process in our CC&Rs/ACC guidelines - either for an owner to appeal a disapproval or for an owner to appeal a variance that was granted to someone else.
We have a new BOD now and the neighbors have asked the new BOD to review the previous BOD/ACC's decision. They are telling us that they have no authority to review something previously approved and that the matter is closed. The HOA attorney has reviewed this and agrees with the BOD.
Our CC&Rs have nothing about the right to appeal decisions. I can't find anything in Texas State statute that mentions appeal rights except for a minor mention in Section 209.0051(h) that says appeals cannot be discussed or voted on except in open meetings.
Do we have any recourse? The fence is being installed as I write this and if we can stop it we'd like to know how.
We have a new BOD now and the neighbors have asked the new BOD to review the previous BOD/ACC's decision. They are telling us that they have no authority to review something previously approved and that the matter is closed. The HOA attorney has reviewed this and agrees with the BOD.
Our CC&Rs have nothing about the right to appeal decisions. I can't find anything in Texas State statute that mentions appeal rights except for a minor mention in Section 209.0051(h) that says appeals cannot be discussed or voted on except in open meetings.
Do we have any recourse? The fence is being installed as I write this and if we can stop it we'd like to know how.