Q: My fiancé lives on the main road in a community of single family homes. He received a violation letter from the association saying he needs to put up a fence, remove the current bushes, and plant different ones. The section of the bylaw they sent over discusses maintenance of existing fences, docks, etc., but does not require them. I believe the bushes are on common property and the HOA has always maintained them. A few other homeowners in the main road received the same letter, but not others deeper in the community. Can they make him do this? —Laura

A: Your community association must abide by its governing documents. While the board can enact rules and guidelines to carry out its duties in managing your community, it cannot simply add new requirements not supported by the governing documents.

For example, if your community allows fences, the board can enact architectural guidelines specifying the style and color of the fence.

That said, unless fences are required in your governing documents, the board cannot mandate everyone needs to install one. To be able to do this, the community as a whole would need to follow the proper procedures to change those documents.

Often, the rules are in place, but they are long ignored until a new board gets elected and decides to enforce them. The board can start enforcement, but must ensure that all residents are treated equally because a community association may not selectively enforce the rules. What is good for one resident should be good for them all.

Unless the governing documents require your fiancé to fence his yard, he likely will not have to.

To find out, review all of the governing documents, not just the excerpt the management company mailed you. Just because the requirement was not in that snippet does not mean it is not elsewhere.

The board likely has the right to enforce landscaping guidelines, including limiting what can be planted and where. The owner of the property where the bushes are planted is responsible for their care, so if they are planted on common area, the community will need to maintain them, not your fiancé. Again, check the governing documents because some even require the association to take care of the landscaping for the owners, which sounds like it may be the case from what you described.

After reviewing the governing documents and learning his rights, your fiancé should communicate his concerns, and politely point out where the board is overstepping.

The idea is to work with his community to resolve this issue before it becomes a problem. The board may think it has the right to do what it is doing, and may be able to point out something in the documents you missed.

It is better to find this out in a conversation than after fines accrue and lawyers get involved.

If the board is overstepping its authority, community members can also enforce the governing documents.

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