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PaperclipPerfector  3d ago (text post)   2190 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.

Serious question; how are HOAs legal / constitutional?

The way I understand them, they are, generally, private non-profits. Yet, moving into an area "governed" by compels you to join them. There is no option not to.

How could such a thing be legal? The whole point of local-state-federal government is that they are the only "organization" one is compelled to be subject to. I can't square the existence of HOAs with the necessity of a government (even at the local level) maintaining full sovereign over its geographic jurisdiction

I'm president of the board of my local HOA. It seems typical for many in the area that it was put in place by the developer when the area was built out and that it exists at all is completely down to the city (that entirely surrounds the development) being unwilling to pay for anything. The dues of around $200/mo cover maintaining the roads/streetlights/signange, bridge over a 50ft ravine (it's hilly), landscaping along the roads and various maintenance activities with the 1/2 of the overall land that is 'dedicated open space' by demand of the city (the developer wanted to put in significantly more housing, that they were able to put in any was only after much negotiating from what I understand) which we are not allowed to say chop down dead trees in but also must keep from burning down all the houses and neighboring properties (a lot of weed whacking and brush clearing is involved). It would probably be dissolved if the city would take over the relevant maintenance (which it won't), it's all single family homes.

Our general challenge is getting enough volunteer board members (3), I don't think we've ever had a contested election in the entire history, and getting to quorum of votes (50%+1) in any election (last time was maybe 6 years ago?). The only somewhat contentious things we've had to deal with are parking disputes (no street parking allowed, we apparently can be forced pay to maintain the roads but the city gets final say on how they are used) so guest parking is limited. Technically, the by-laws give us the power to require (and enforce with inspections) that garages be cleared out enough to park two cars and the two cars are parked in the garage before parking in the driveways or guest parking, though we haven't yet reached the point of enforcing that. We have some other powers, but I suspect the only thing we'd enforce them around is planting large trees [eg. redwoods etc.], changing the exterior colors of houses, and hogging common areas [parking especially]. In general, the city does still get a quite significant amount of control over things, pre-me they tried to install a gate near the entrance of the community (it's like 15 acres or so, so plenty of room) and the city absolutely forbid it as in 'out-of-character' for the city and stated their policy is to allow only in the grandfathered places. So our power over this 'private' sub-city is limited.

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