3 articles · Updated · The New York Times · May 23
Hamilton County, Indiana, homeowner says a nearly 7-foot wooden fence on the property line cut a paid-for pond view to about one-third and appears to violate HOA bylaws.
Indiana law requires HOA disputes to go through the association’s dispute-resolution process before any lawsuit, making the board the first venue to seek removal of a noncompliant fence.
Legal experts said a court could order the fence brought into compliance if the HOA does not act, but any relief would likely focus on the fence itself rather than refunding the premium paid for the view.
Claims against the HOA for failing to enforce its CC&Rs or breaching fiduciary duty are possible but harder to win, and some HOA documents let the association recover attorney’s fees if it prevails.
A new state law protects property rights from government. Does this make the power of your private HOA even stronger?
You paid a premium for a water view. If a neighbor’s fence blocks it, is your investment lost forever?