You should carefully review the Covenants and Architectural Guidelines (including all amendments and supplements that may have been adopted after the original versions were written). If, after you’ve reviewed these documents, you determine that fences are prohibited (or perhaps the type of fence that was installed is prohibited), you may issue a “Notice of Covenants Violation” to the property owner.
The Covenants establish the method of enforcing the Covenants (in this case, a prohibition of fences). As a general rule, the Covenants require that the “Notice of Covenants Violation” be issued to the property owner, and if the property owner does not respond within the required time period (usually 15-30 days), the HOA has the authority to assess a fine for non-compliance. Oftentimes, this fine, if not immediately paid, can form the basis of a lien on the property.
Bonus: Our attorneys can help your Board of Directors review and interpret the Covenants and Architectural Guidelines to determine what types of improvements (such as fences, light poles, decks) are prohibited (or at least require prior approval from the HOA). We can also assist you in properly issuing a “Notice of Covenants Violation” to the property owner, and if additional legal action is warranted or required, we can help, too.