July 15, 2026 at 7:35 am

The HOA Approved Her Fence Before She Built It, But After It Was Up, They Tried to Sue Her

by Jayne Elliott

wooden fence around a backyard

Shutterstock

If you live in an HOA, you’ll have to follow a lot of rules, so it’s important to get approval for any changes you want to make before taking steps to make those changes.

In this story, one homeowner who lives in an HOA did everything right. He wanted to add a fence around his property, so he got approval from the HOA before construction started. You’d think there wouldn’t be a problem.

But this HOA tried to change the rules, and the rules they tried to enforce were really ridiculous.

Let’s read all about it.

HOA sues homeowner for constructing an approved fence—and loses

November 2022: A homeowner in a homeowners’ association seeks to build a four-foot fence in his backyard, four inches from the property line.

He receives approval from both the municipal government and the HOA.

Accordingly, the fence is constructed.

But the HOA still wasn’t happy.

February 2023: The HOA claims that the fence is in violation of the HOA’s rules.

The homeowner replies that the fence was built in perfect accordance with the plans that were approved three months ago.

March 2023: The HOA seeks to amend its rules in order to impose a minimum setback of ten feet on fences.

The amendment fails to garner the required two-thirds vote of all members.

This is really ridiculous!

September 2023: The HOA sues the homeowner under the theory that the minimum setback of thirty feet prescribed in its rules applies, not just to buildings, but also to fences, overriding the minimum of four inches that is prescribed for fences in the municipal zoning code.

The trial judge rejects this argument as utterly ridiculous in April 2024, and the appeals panel affirms in May 2025.

That’s crazy! A setback of 30 feet for a fence? What’s the point of the fence if it can’t be closer to the property line? That HOA pushed way too far.

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Let’s see how Reddit responded to this story.

This is a good point.

2026 07 14 at 12.14.18 PM The HOA Approved Her Fence Before She Built It, But After It Was Up, They Tried to Sue Her

I completely agree.

2026 07 14 at 12.14.27 PM The HOA Approved Her Fence Before She Built It, But After It Was Up, They Tried to Sue Her

This is a weird rule.

2026 07 14 at 12.14.41 PM The HOA Approved Her Fence Before She Built It, But After It Was Up, They Tried to Sue Her

Another person shares their opinion.

2026 07 14 at 12.14.57 PM The HOA Approved Her Fence Before She Built It, But After It Was Up, They Tried to Sue Her

The homeowner got approval for the fence, so there’s nothing the HOA can do about it. I wonder what they don’t like about the fence. Why did they change their minds? Is there someone new on the HOA board who has it out for the homeowner?

It doesn’t really matter. At least the judge was on the homeowner’s side.

HOAs can be really crazy.

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Jayne Elliott | Contributing Writer, Life & Drama

Jayne Elliott is a contributing writer and editor for TwistedSifter specializing in human interest stories, internet culture, and family dynamics. With over 12 years of editorial experience in digital publishing, Jayne excels at analyzing complex online communities and transforming viral social debates into thoughtful, highly engaging narratives.

Rather than simply aggregating internet drama, Jayne brings a sharp, empathetic editorial eye to everyday dilemmas. She has a unique talent for unpacking the nuances of pop culture and online conflicts, providing readers with relatable, well-researched commentary.

Based in California, Jayne spends her free time outside the newsroom exploring theme parks with her family or beach-combing along the coast.

Follow Jayne's adventures and connect with her on Instagram, Facebook, and YouTube.