HOA Fence Rules: Approval, Height and Who Pays
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Key takeaways
- Approval usually comes first. Most CC&Rs require architectural approval before you build, replace or change a fence.
- Decisions must be fair. In California, a denial must be in writing, explain why and allow reconsideration.
- The CC&Rs set the details. Height, material, color and placement limits come from the governing documents.
- Location decides who pays. Fences on your lot are usually yours; common area fences are usually the association’s.
- Neighbors may share costs. California’s Good Neighbor Fence Act generally presumes adjoining owners share boundary fence costs.
You want a taller fence for privacy, or the old one is leaning and needs replacing. In most planned communities, HOA fence rules decide what you can build and who pays to fix it. California and Nevada leave the details to the CC&Rs, but both set limits on how boards make these decisions. This guide, part of our series on HOA rules and regulations, explains what to check before you build.
Can an HOA control your fence?
In short: usually yes, through the CC&Rs and architectural rules.
HOA fence rules usually start with the governing documents, which require approval for exterior changes, including fences. Common limits cover height, material, color, style and how far a fence sits from the street or sidewalk. Some communities ban front yard fences entirely.
Rules must be reasonable and properly adopted. In California, an operating rule must be in writing, within the board’s authority, consistent with the law and governing documents, and reasonable, and adopted in good faith (Civil Code §4350). In Nevada, rules must be reasonably related to their purpose, clear and enforced uniformly (NRS 116.31065).
How do you get a fence approved?
In short: submit plans that match the design rules and wait for written approval.
Read the CC&Rs and the design guidelines that set your HOA fence rules first. Then submit a plan showing the location, height, material and color, with a photo or drawing. Build only after you receive written approval.
California: the association must use a fair, reasonable and expeditious procedure, with a stated maximum time to decide (Civil Code §4765). Decisions must be made in good faith and may not be unreasonable, arbitrary or capricious. A denial must be in writing, explain the reasons and describe how to ask for reconsideration.
Nevada: an owner may not change the exterior of a unit without the association’s permission, and visible changes must follow its procedures (NRS 116.2111). The association may not approve or deny a change in a way that violates state or federal law. Our guide to HOA architectural review covers the full process.
What can HOA fence rules limit?
In short: height, material, color, style and placement, as stated in the governing documents.
Typical HOA fence rules set a maximum height for side and rear fences and a lower one, or none, for front yards. Many require a single approved material and color so fences match across the community. Others limit chain link, vinyl or decorative styles.
Pool fences have their own requirements on top of HOA fence rules. A new or remodeled pool at a California single-family home needs at least two listed drowning prevention features when permitted (Health and Safety Code §115922). An enclosure is one option. An HOA rule generally cannot override a mandatory safety law.
California is also adopting ember-resistant “Zone 0” rules for fire hazard areas (Government Code §51182). Once in effect, they are expected to limit combustible fencing attached to or very close to a home. Confirm the current status and your property’s zone with your local fire authority before choosing materials.
Was your fence request denied or flagged?
Send us the CC&R and design rule sections on fences, your application and plans, the denial or violation notice and photos of similar fences nearby. We can give you an initial read in one conversation on your options.
Who pays to repair or replace a fence?
In short: it depends on where the fence sits and what the CC&Rs say.
In California, unless the declaration says otherwise, the association maintains the common area and each owner maintains their own unit or lot (Civil Code §4775). For exclusive use common area, such as a fenced patio, the owner maintains it and the association repairs and replaces it. The declaration can change these defaults.
Perimeter walls and fences along common area are often the association’s responsibility. Check the CC&Rs and the recorded maps to see who owns the land under the fence. Our guide to HOA common area repair responsibility explains how to read these provisions.
Do neighbors share the cost of a fence?
In short: in California, adjoining owners are generally presumed to share it equally, unless they agreed otherwise in writing.
Under the Good Neighbor Fence Act, adjoining landowners share responsibility for boundary fences and are presumed to benefit equally (Civil Code §841). An owner who plans to spend money on the fence must give each affected neighbor at least 30 days’ written notice. The notice explains the presumption, the problem, the proposed fix, the estimated cost, the proposed split and the timeline.
A neighbor can try to rebut the presumption with evidence that equal sharing would be unjust, for example if the project is excessive. A court may then order a smaller share or none. The Act applies between private landowners, and HOA approval is still needed for the work itself.
We are not aware of a Nevada statute that sets a default for sharing fence costs, so it generally depends on the CC&Rs, any agreement between neighbors and local rules. Put any agreement in writing.
What happens if you build a fence without approval?
In short: you may face a violation notice, a fine and a demand to change or remove it.
The association will usually send a violation notice and schedule a hearing before imposing a fine. See our guides on responding to an HOA violation notice and the HOA violation hearing. Fines are limited by statute in both states.
An unapproved fence can also become a problem when you sell. If you bought a home with a fence the previous owner never got approved, see our guide to violations left by a previous owner.
How do you challenge unfair HOA fence rules?
In short: request reconsideration, point to similar fences and push for a rule change.
In California, if the decision was not made by the board at an open meeting, you can ask for reconsideration at an open board meeting (Civil Code §4765). Bring photos of approved fences that look like yours. If the board approved similar fences for others, that may support an argument of selective enforcement, depending on the facts.
If a fence rule is outdated, owners can work to change it. See our guide on how to amend CC&Rs. Our HOA dispute resolution team represents owners and boards in both states.
Ready to Protect Your Rights?
Whether your fence was denied, flagged after it went up or is part of a dispute with a neighbor, we can help. We will review the CC&Rs, the decision and the property lines, and give you our assessment of your options. Schedule your free consultation and speak directly with a Nevada and California HOA attorney.
Frequently asked questions
Usually yes. Most CC&Rs require architectural approval for new fences and for replacements that change the height, material or color.
It depends on your governing documents and local building codes. Many communities set different limits for front, side and rear fences.
Yes, if the denial follows the governing documents and the law. In California, it must be in writing, explain why and allow reconsideration (Civil Code §4765).
In California, adjoining owners are generally presumed to share boundary fence costs equally under the Good Neighbor Fence Act, unless they agreed otherwise (Civil Code §841). In Nevada, it depends on the CC&Rs and any agreement.
Usually the association, if the wall is on common area. Check the CC&Rs and recorded maps, because the declaration can assign it differently.
Apply for approval right away and respond in writing to any notice. The HOA may require changes or removal, and fines can follow after a hearing.
Conclusion
HOA fence rules control what you can build and how, and the CC&Rs usually decide who pays. California requires fair, written architectural decisions and generally presumes neighbors share boundary fence costs. Nevada requires permission for exterior changes and leaves most details to the governing documents.
Get approval in writing before you build, keep your plans and photos, and check who owns the land under the fence. For each state’s wider framework, see our Nevada NRS 116 guide and Davis-Stirling Act guide.
Disclaimer: This article provides general information about Nevada and California HOA law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and the association’s governing documents.
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