HOA privacy fences are not uncommon in North Carolina. However, for one Mooresville community, privacy fences have taken center stage as the subject of a debate.
HOA Privacy Fences Cause Disagreements
Residents in Mooresville’s Bridgeport neighborhood are challenging their homeowners association over selective violation letters. The 1989 Declaration of Covenants, Conditions, and Restrictions requires perimeter fences to be 50% open when viewed perpendicularly. It appears that about 15 fences violate this rule, yet only three received violation letters recently.
These letters threaten a $50 daily fine until compliance. The HOA may correct the violation and bill the homeowner for required services.
It is no secret that HOAs generally have the authority to enforce rules, including rules on fencing. Homeowners must comply with these rules and even seek approval from their HOA before any modifications. Any violations can result in several possible consequences — one of them taking the form of monetary fines.
Residents Unhappy With Selective Enforcement
Michelle Barker, one of the recipients of the violation letter, questions the need for legal fees. She emphasizes the existing inconsistency in the neighborhood.
Chris Kramer, a recent homebuyer, notes the advertised HOA privacy fences as a legally purchased feature. He expresses disappointment in the triviality of the issue.
Greg Smith, the former HOA president, resigned due to frustration with the selective enforcement of fencing violations. He highlights the illegality of enforcing bylaws selectively and urges the board to target all violators, not just a few.
HOAs and their leaders indeed have a fiduciary to enforce the rules consistently and fairly. Board members can’t simply choose to enforce one rule and not the other. Moreover, they can’t enforce the rules against a select number of homeowners. The rules apply to everyone equally, including the board members themselves.
According to Queen City News, an attorney for Bridgeport’s HOA is investigating the issues.
