I have not been very detaialed. My apologies. The paperwork I was served is from the Circut Court for the county I live in. He does indeed have a lawyer. The complaint states:
1) My address
2) That my wife and I live at that address
3) That the community I live in was established under a Declaration of Covenants, Conditions, Restrictions, and Easementsrecorded by the county
4) Basically that I am required to obey these Covenants, Conditions, Restritions, etc.
5) By accepting my deed I agreed to these bylaws.
6) The bylaws state "No fence shall be placed forward of the rear corner of the homes building foundation".
7) The defendant advised me that I could not run the funce to the front of my property line. (He did, but I figured I would ask the HOA. Again, the HOA approved the fence).
8) He made numerous requests for me to remove the fence, but I failed to do so (This is not true. The man has never spoken to me).
9) Despite repated and continuing attempts to resolve the matter amicably I have refused to do so (again, not true).
10) The continued use of the non-conforming fence is a nuisance and distinct breach of the Declaration. Such a breach will cause damages to both the Plantiffs and property owners in the Community.
The Plaintiffs request the Court pass an order:
A. Delcraing that I erected the fence that is in violation of the HOA documents
B. Requiring I remove the fence
C. Requiring I pay for the costs of the litigation and
D. for such other and further relief as the nature of this cause may require.
In my opinion, the guy should be sueing the HOA, not me. They approved this fence! Thoughts?