"Bean" wrote:
I am a first-time homeowner who just purchased a condo in
Goleta (Santa Barbara area), California. The end unit condo
has fences that enclose a private yard between the unit and
the community fence.

There are about 130+ units in the community, 4 out of the 6 end units
have
such enclosed private yard, while 2 end units don't.

The previous owner told me these fences have been there for 15 years,
and about 4 years
ago, the HOA even replaced/remodeled the fences at HOA's expense.

We have not moved in the condo, but expect to move in by the end of
June.
Now the HOA is giving us notification that we should remove the fences
in 90 days, and restore
the landscape back to the original plan. All costs will be at owner's
expenses.

However, they don't have the original layout showing the enclosed yards
are not original design.
The board said they just know those yards are not original.

I think those private yards should have been grandfathered in. As a
naive fist-time homeowner, I don't
know what to do to protect my yard, or if the yard cannot be saved, to
protect myself from paying the
cost of yard removal and landscape restoration.

Please help me and advise me what to do.

Many thanks!

Bernie

Is the land all common area, or do you own the piece of land in question, in
addition to the dwelling unit (hint: that big stack of papers you signed at
closing should spell out exactly what you bought). If the latter, I sort've
doubt the HOA can do a whole lot. If the former, the HOA certainly can try to
take action, since you're basically trying to take over land that is held in
common. Their not doing anything at all risks the land eventually being
considered "yours" by adverse possession. Heck, it might already be "yours",
if the fence has been there 15+ years (but it'd take a good lawyer to make it
stick, and the rules vary by state). If it does come down to having to tear
down the fence and restore the landscape, I'd say it'd be a matter of
negotiation as to who pays the bill, given how long the fence has been standing,
and the fact that the fence has actually been repaired by the HOA in the past.