Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. My neighbor wants to tie into my fence ( she will have a post beside mine and use my fence for her side). State of FL.

January 31, 2025

A: Your neighbor is installing their own post, which is not the same as tying into your fence. Tying into your fence would be if the neighbor attached their panels to your post.

You cannot demand compensation from your neighbor for your fence after you installed it. You should have negotiated with the neighbor before the installation, although the neighbor has no duty to share in the expense of your fence.

You can't force your neighbor to put up a fence next to yours because 1) there is an easement for a gas line and it would block the easement, 2) there would be an issue with maintaining 4" of land if there are two fences on each side of that 4" and 3) the HOA probably is not going to approve a double fence along the property line for aesthetic reasons.

If you paint the fence without HOA approval they can certainly fine you if they follow the process.

It is highly unlikely the utility company will move the gas line because they have an easement to furnish the gas.

I don't see any way you can get compensated for the fence. Sorry, I know this isn't what you wanted to hear. If you ever need to repair or replace the fence, that would be your time to negotiate with the neighbor. ... Read More

Q. We live in a 55+, gated community, which contains 2 separate communities. (2 different HOA's plus 1 common area HOA)

January 31, 2025

A: An attorney would need to read the Declaration of Covenants, Conditions, Easements and Restrictions to determine if the HOA is overstepping its authority. HOAs generally have the ability to adopt reasonable rules and regulations as well as long as the rule has a legitimate business need. It may be an issue with people walking their pets off leash or not picking up pet waste, in which case it would be a legitimate business need. This means everyone suffers the consequences of those who cannot follow the law (leash laws) and rules.

Q. Can an HOA require you to take down a fence that you previously got permission to install from prior HOA

January 29, 2025

A: Most HOA documents require written permission and some assert even if granted permission they must comply with the HOA documents. You would need to consult with a lawyer, who you should have if you're selling real estate anyway, to read your HOA documents, including any amendments to them and board adopted Rules and Regulations. A HOA has five years to enforce violations of its documents. You need to deal with this issue as soon as possible because the title company will request an estoppel once you get a buyer and it will likely note the fence is a violation.

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