We live in a small gated residential community in Oklahoma with a new HOA. Our home has an empty lot next door to us that is now being prepped for new home construction. The builder has informed us that the wooden fence we installed about three years ago (to bring us into compliance with the covenant and bylaws) will have to be partially removed, as the new home will be build flush to the property line, making that section of fence unnecessary. I can understand that, and have no problem with that.
However, since a new home will be built next to our home, the covenant and bylaws require that a fence and gate be built between the two homes. This fence and gate is not a boundary gate between the properties, but would be perpendicular to the property line. Since the new home will be built flush against the property line, this new fence and gate will be entirely on our property and will allow us access to the back of our property.
I was informed that we would have to pay for this new fence and gate to be built. My question is if I should be liable for such. This would be a new fence and gate that we have neither desired nor requested, and seems to be required by no action on our part, but by the act of a new home being built next door. Do I have justification to dispute this?