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If you have not closed yet your best bet is to ignore all this HOA stuff
and simply threaten to walk away from the deal and/or sue for damages.
If you were promised the fence was going to be in a certain place and
the builder cannot deliver on that promise because he failed to check
the CC&Rs or building codes prior to making the promise then he may be
negligent.
The setback is a municpal requirement that is intended to keep
structures and possibly fences a certain distance from the road. It is
likely that corner lots have different set back requirements.
I'd skip the DRE. In my experience, government agencies move too
slowly to be of any use to you.
1) Consult with a lawyer (free) to determine if you have a case and how
much it would cost you.
2) In all likelihood you will never get your fence, decide if you can
live with that. If so, decide how much that it is worth to you (I
suggest three times the amount you paid to have the fence moved in the
first place.)
3) If you cannot live without the fence then walk away and sue for
breach/damages based on your attorney's advice.
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Re: Fence issue on new house with builder (and HOA??)
