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According to my county code, I'm allowed to install a 6 feet fence in my backyard. However, according to my HOA rules, only a 4 feet fence seems allowed (what's point of installing so low a fence?). If this is indeed true, do I have a case against the HOA?
HOA can make rules that are more strict than the county rules. HOA can decide that no fences are allowed even if they are allowed per county rules. HOA can control what color you paint your home and what kind of curtains face the windows of your home. They can decide what type of grass you have and what kind of landscape plants you have. They can decide what kind of holiday decorations go outside your home and when these are allowed.
Fences are one of the most argued about issues in HOA's. Very common and proven lawful for them to dictate type, size, height, color, material, etc. and in some cases no fences allowed at all.
No, if the HOA says 4 feet, that's all you can. You can speak with them directly and see if they will allow you to have a higher fence if you state a good reason (and they are reasonable) otherwise there isn't much more you can do about it.
I know one HOA that said 4 foot fences but one couple had a handicapped child and requested a 6 ft fence for the child's safety. The request was granted but was also noted that if the child no longer lived in the house and/or the house was sold then the fence must be removed or cut down to 4 feet. This restriction was listed with the deed.
I agree with all the posters so far, but I want to add a comment on a related but slightly different matter. HOA's in California are regulated by state law, which trumps all the HOA's internal rules. However, California statute law does not get into matters such as fences and colors. Rather, it is concerned with such things as board elections, fiduciary duties of board members, rights of title-holders vis-Ã -vis the board in such matters as receiving records and documentation, etc. Any CC&R which is contrary to state law is ipso facto null and void in California.
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