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Describe your violation and get specific defenses, statute citations, and a ready-to-send response letter — in seconds. See a sample analysis below.
You have at least two strong defenses here. Here's what I see:
1. Laches / Delayed Enforcement
Your HOA waited 18 months to act. Most HOA governing documents — and many state statutes — require enforcement to be timely. A prolonged delay while you relied on the fence being acceptable can be raised as a defense. The board's inaction may have waived their right to require removal.
2. Selective Enforcement
If your neighbor has a fence of the same height and has not received a violation, that is a textbook selective enforcement claim. Under most HOA governing documents and state laws, the board must enforce rules consistently. Selective enforcement is an explicit defense in states like Florida (§720.305) and is recognized under general CC&R contract law across all 50 states.
3. On the $150 Fine
Before paying anything, check whether your HOA provided written notice and offered a hearing. Most states require a formal hearing before fines are enforceable. If they skipped that step, the fine may be invalid regardless of the underlying violation.
Recommended next steps:
Sample letter opening (full draft included with your analysis):
“Dear [Board Name], I am writing in response to the violation notice dated [Date] regarding my fence at [Address]. I respectfully dispute this violation on the following grounds: (1) the HOA has failed to enforce the same height restriction against other properties in the community, including [address], constituting selective enforcement; and (2) the HOA took no action for 18 months after the fence was installed, during which time I reasonably relied on its compliance...”
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