Q: My fiancé lives on the main roads of a single family home community. He received a letter from the association saying that he needed to set up a fence, remove the current bushes and plant different bushes. The bylaw section they sent will cover maintenance of existing fences, docks, etc, but they do not require them. The bushes are in general property and I think the HOA always maintains them. Several other homeowners on the main road received the same letter, but none of the community was deep. Can they let him do this? – Rola
A: Community Associations must adhere to their administrative documents. The board may establish rules and guidelines to fulfill its obligation to manage the community, but it cannot add new requirements that are not supported by control documents.
For example, if the community allows fences, the board can establish architectural guidelines that specify the style and color of the fence.
That said, the board cannot mandate that anyone needs to install unless your administrative documents require a fence. To do this, the community as a whole must follow the appropriate steps to modify these documents.
The rules are often enforced, but they are ignored for a long time until new boards are selected and decide to enforce them. The board can begin enforcement, but it is necessary to ensure that all residents are treated equally, as the community association may not selectively enforce the rules. What’s good for one resident should be good for all of them.
Unless the governing documents need to fence his garden to your fiance, he won’t need to.
To find out, check all the administrative documents, not just excerpts sent by the management company. Just because the requirement was not in that snippet doesn’t mean it’s not elsewhere.
The board may have the right to implement landscaping guidelines, including limiting what and where it can be planted. The owners of facilities where bushes are planted will be responsible for their care, so if they are planted in a common area, the community should maintain them, not your fiancé. Again, some people even request that the association needs to care for the owner’s landscaping, so check the governing documents.
After reviewing the governing documents and learning about his rights, your fiance needs to communicate his concerns and politely point out where the board is stepping into.
The idea is to work with his community to resolve this issue before it becomes a problem. The board may think it has the right to do what it is doing, and may be able to point out something to the document it missed.
It is better to find this in the conversation than after a fine is incurred and the lawyer is involved.
Members of the community may also implement administrative documents if the board exceeds its authority.
Board-certified Real Estate Attorney Gary Singer writes about legal issues in the industry and the housing market. To ask him questions, email him at gary@garysingerlaw.com or visit sunsentinel.com/askpro.
Original issue: 6am Eastern Standard Time, March 6, 2025
