Neighbors NonCompliance with HOA

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Doris_Grady

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In our HOA covenants is a detailed architectural section which states that any fences, etc. on outside of property must have prior approval by the HOA before construction. This is so it fits in line with the look and feel of the subdivision and that it does not negatively impact the look and feel of the adjacent properties and does not bring the property value down. Our crazy next door neighbors threw up an awful 6 foot fence overnight without getting approval. It is an unusual property line in that the neighbor has no back yard so sneakily jumped to buy the lot in back of our house. It is hard to explain but it is like someone bought your back yard and then shows up every day to hang out there! The lot is on the side of his house. We lived there prior to them so up until this situation, we had an extended backyard that reached to the street . Now we look at a 6ft wooden fence and it is impacting the quality of our life there. The neighbor wants to make sure no one thinks the property belongs to us. The neighbor is a kook and a big show-off running around the subdivision talking about what he's got and who he knows. Because the property line is curvy and crooked -- you see, the lot behind us never could meet code so we were always assured that no house could ever be build there. That proved correct, but never ever did we think that someone would have the gall to come all the way around the corner into the lot (which as I said is in back of our house and our house alone) and try to buy it . Several neighbors and we complained about this structure going up. It is not around the lot but it is like a divider only in front of my house (or in back of my house) and looks really bad. The HOA does not like it and has threatened to file suit. Can anyone tell me if there is any possibility that the HOA can get this super jerk to take that fence down? The neighbor is very controlling, loud, show-offish and boastful. It is an ugly thing all the way around.
 
My HOA came with a large book which described exactly what they could and couldn't do. In my case, the HOA could require a non-approved structure be removed within x number of days, or the HOA could remove it and bill the owner for the expense of demolition, and put a lien on his home if he didn't pay up. However, it could take months or even years for the HOA to get around to doing anything. This was very spelled out in the Covenants and Regulations. This was in Arizona, and I had to sign a paper agreeing to the HOA rules before I could buy the house.
 
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