#72-06, Oak Grove Homeowners Association v. Ford (April 4, 2008) (Panel: Rosen, Oxendine)

The homeowners association (HOA) complained that the homeowner (HO) had installed a picket fence in violation of HOA rules allowing only split rail or similar fences.The homeowner did not admit or deny the violation, but instead, with the HOA's consent, initiated procedures to call a special meeting of the membership to amend the governing documents and change the rule on fences.However, the HO failed to obtain the necessary 90% majority vote to amend the Declaration, and the matter went forward to a hearing.

The hearing panel found that the Declaration prohibited picket fences.The panel further found that the association had permitted 3 other fences that were not split rail fences.Two of them were 6-foot tall stockade fences around swimming pools which may have been required by the County building code for pool enclosures.The third non-conforming fence, also 6 feet high, was permitted under the Americans with Disabilities Act as a reasonable accommodation to a disabled person residing in the home.

The panel concluded that the HO was in violation of the architectural rules by constructing a picket fence when the HOA rules permitted only split rail or 3-rail board fences, and that she also violated the rules by constructing her fence without permission.The panel ordered the HO to remove the fence within 60 days.