"From what the other end-unit owner told us, the fences ( at least his)


were there for more than 20 years. At that time, some end unit owners
asked the HOA to enclose the common area from the unit to the cumminity

fence as a compensation for smaller floor footage and lack of front
patio, and the association allowed it. "


Based on this, I believe you have a very good case. Get together with
the other affected unit owners. You should send a letter to the board
asking for all documents that they have regarding the status of the
fences, when approval was granted, board minutes concerning the fences,
etc. Identify as best you can when you believe the fences were placed
there. Most states have sunshine laws where the board must provide
this, though most can charge reasonable fees to provide them. At the
very least, you should have the right to go look at the board records.
Before doing this, it might be a good idea to go talk to the board, or
at least some members and probe them for any info they will give up.
If you go with a witneess and can get them to fess up that the fences
were in fact approved, that would be excellent.

You should then collectively meet with the board and tell them you have
no intention of removing the fences, since they were placed there with
approval. Ask the board to reconsider, making it clear you intend to
fight this. IF they refuse, see if you can agree to share the cost of
an attorney with the other owners. Depending on how well you can
prove that the fences were approved prior, I think a tough letter from
an attorney making it clear you will sue if necessary may do the trick.
Going that far won't cost much. After that, if you decide to sue,
you have to figure out how much it may cost and if it's worth it.