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PaperclipPerfector  20hr ago (text post)   584 thread views

Friday Fun Thread for May 16, 2025

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Monumentally stupid lawsuit:

  • November 2022: A homeowner in a homeowners' association seeks to build a four-foot fence in his backyard, four inches from the property line. He receives approval from both the municipal government and the HOA. Accordingly, the fence is constructed.

  • February 2023: The HOA claims that the fence is in violation of the HOA's rules. The homeowner replies that the fence was built in perfect accordance with the plans that were approved three months ago.

  • March 2023: The HOA seeks to amend its rules in order to impose a minimum setback of ten feet on fences. The amendment fails to garner the required two-thirds vote of all members.

  • September 2023: The HOA sues the homeowner under the theory that the minimum setback of thirty feet prescribed in its rules applies, not just to buildings, but also to fences, overriding the minimum of four inches that is prescribed for fences in the municipal zoning code. The trial judge rejects this argument as utterly ridiculous in April 2024, and the appeals panel affirms in May 2025.

Bonus: Trial transcript

I don't know the size of the lots over there, but, unless you've got a couple of acres, 30 feet back off your property line is a pretty significant distance. Frankly, it wouldn't be very aesthetically pleasing if you look at it that way, which is what these HOA rules are meant to provide. They want to keep the community a certain way, and a 30-foot setback requirement for a fence is just unheard of. I've never seen it anywhere. I've never heard of any association's having a 30-foot setback requirement from a property line for a fence. Drive around South Jersey. A lot of the fences, they're often at the property line, but you've got to get them off your neighbor's line unless you get his permission.

So I don't find that there is any material fact here. I think fences are specifically addressed under 8.1(c). If they wanted a setback requirement to be required, 8.1(c) should have had a setback requirement contained within that area. Otherwise, it should have been all under 8.1(dd), and it should have mentioned fences as well, but it did not. They separated them and there's a reason for that. Fences in one and the structures in another, the accessory buildings and shacks. I think it's pretty clear. And, if there is any ambiguity, you resolve that against the drafter. I think the defendants in this matter, they followed exactly what they were supposed to do under 8.1(c). The fence can stay.

Does every HOA start imploding on harassing people over trivialities after they achieve their primary mission of keeping human garbage out of the neighborhood?

No, but you don't hear about the ones that just manage the neighborhood to the satisfaction of the residents.

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