Can HOA take away my yard?

Can HOA take away my yard?

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Subject Author Date
Can HOA take away my yard? hcliu 06-09-2005
Dear all,

I'm a first-time homeowner who just purchased a condo in
Goleta (Santa Barbara area), California. The end unit condo
has fences that enclose a private yard between the unit and
the community fence.

There are about 130+ units in the community, 4 out of the 6 end units
have
such enclosed private yard, while 2 end units do not.

The previous owner told me these fences have been there for 15 years,
and about 4 years
ago, the HOA even replaced/remodeled the fences at HOA's expense.

We haven't moved in the condo, but expect to move in by the end of
June.
Now the HOA is giving us notification that we should remove the fences
in 90 days, and restore
the landscape back to the original plan. All costs will be at owner's
expenses.

However, they do not have the original layout showing the enclosed yards
are not original design.
The board said they just know those yards are not original.

I think those private yards should have been grandfathered in. As a
naive fist-time homeowner, I do not
know what to do to protect my yard, or if the yard can't be saved, to
protect myself from paying the
cost of yard removal and landscape restoration.

Please help me and advise me what to do.

Many thanks!

Bernie




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