Can an HOA Stop You From Building a Fence?
In many cases, a homeowners’ association (HOA) cannot physically stop you from building a fence, but it can require homeowners to follow a pre-determined set of guidelines to help ensure the fence meets certain criteria. Fence rules exist for a variety of reasons, one of which is to protect property values. With the value of homes in community associations at approximately $13.1 trillion nationally, maintaining visual consistency with proper fence regulations is essential.
However, each HOA is unique, and rules and enforcement processes vary greatly from one community to the next. Use this guide to get a better understanding of fence policies and general building guidelines so you can move forward with exterior modifications confidently.
Fence Policies in an HOA
Fence rules are typically part of a community’s architectural standards. Architectural standards are rules that govern visible exterior changes to a property. They define what homeowners can and can’t do to the exterior of their home and are designed to:
- Protect community standards
- Maintain aesthetics
- Prevent modifications that negatively impact property values
- Ensure changes comply with local zoning or safety standards
Always review the community’s architectural guidelines and requirements before you plan a fence install or any other relevant project to confirm your vision matches the community’s allowances.
Can an HOA Stop You From Building a Fence?
An HOA may prohibit you from building a fence if it falls outside the community’s architectural standards. Generally, this means you can’t build a fence if you fail to first get approval by the board or architectural committee and it:
- Violates someone else’s property
- Violates the community’s fence rules
- Obstructs licensed or community-owned property
LEARN MORE: “HOA Rules Guidebook: Everything Residents Need to Know”
Failure to obtain the proper approval in advance and adhere to the association’s established architectural standards could cost you. The association might require you to remove the unapproved fence and pay for the removal until you have obtained the necessary approvals.
Common Fence Rules
Although a community may not outright forbid building a fence, it can regulate various aspects of construction. Community associations commonly control:
Fence Height
While six feet is generally considered the standard fence height for a backyard, a community may require something shorter. A fence cannot impede a driver's ability to safely see around a corner or at an intersection in a neighborhood.
Material Type
To maintain visual consistency, a community may require fencing to be a certain material. Wood, vinyl, and iron fences are usually allowed in some HOAs, while wire and chain-link fencing isn’t.
Colors
Communities often have a standardized palette that homeowners must follow when making exterior modifications. Whether it’s paint colors or stains, there may be certain restrictions on the tones you’re allowed to use.
Placement
A community may restrict a fence from being built on the front lawn, the side of a house, on the association’s common areas, or across another homeowner’s established property line.
Check the governing documents and architectural controls before constructing a fence in your HOA to determine if it’s allowed, where it’s allowed, and other specific requirements. If you have any questions about your community’s fence rules, reach out to your board or community manager.
Steps for Installing a Fence in an HOA
To install a fence in a community association, you must typically first get approval from the board of directors or architectural review committee. Each community is unique and may have its own process for submitting an architectural request for a fence build. However, the steps for installing a fence generally go like this:
- Check the governing documents for project-specific fence guidelines.
- Submit an architectural request with included samples, documentation, drawings, and contracts required. Also note who will be responsible for utility locates, if necessary.
- Wait for approval from the board or architectural committee.
- Get approval and start the building process.
- Communicate openly with the HOA throughout the installation to avoid delays and setbacks.
- Comply with required inspections.
- Enjoy your new fence!
LEARN MORE: “The Architectural Review Process”
What Happens If You Ignore Fence Rules?
Ignoring the fence rules of a community association may have consequences. Here’s what can happen:
- You receive a violation notice. A written notice may include the violation and an opportunity to correct the issue—at your cost.
- You get fined. If noncompliance continues after repeated notices and warnings, you may be subject to a fine.
- The community pursues legal action. The community may have a right to pursue legal action.
- The community puts a lien on your home. Depending on state laws and the governing documents, a community may have the power to put a lien on your home in severe cases.
To avoid escalation, it’s important to make the changes necessary for compliance. If you have questions or need guidance, reach out to your board, community manager, or an HOA attorney.
What Does a Fence Request Form Look Like?
An HOA may stop you from building a fence if you don’t follow the rules and fail to get approval. A community association generally wants to know what type of materials you plan to use, where the fence is being built, what color you’ll paint or stain the fence, and how tall it is. The HOA will ask for this information in an architectural request form. If you’re wondering what an architectural request form looks like, download our Sample ARC Request Template today!
FAQs About Building a Fence in an HOA
Why do HOAs ban fences?
A community association may ban a fence that doesn’t comply with its architectural standards. Architectural standards are designed to maintain visual consistency and aesthetic appeal, boosting property values.
What are things HOA can’t do?
HOAs cannot violate or override state and local laws. If you believe your community association is overstepping its legal boundaries, consult an HOA attorney.
Can I build a fence with HOA?
You may be able to build a fence in your HOA if you abide by the community’s laws and restrictions. Check your governing documents for the specific rules that apply in your HOA.
Is an 8-foot privacy fence too high?
An 8-foot fence is generally too high if you live in a community association. A standard 6-foot fence is usually the allowable height for a backyard fence.