Safety Concerns v. Architectural Approval - You Decide

My Fox Houston just reported on a story where a homeowner in a patio home community replaced a brick wall in front of his home with a wrought iron fence.  Van Tru admitted he took this step without receiving approval from his HOA because of safety concerns.  Mr. Tru reported that as his daughter went out to the family car, a man was hiding behind the brick wall and followed her. Tru believes his daughters screams caused the man to run away.

The Mission Bend Subdivision is not happy with the changes Mr. Tru made to the brick wall and have given him 90 days to restore the wall.  Legal counsel for the HOA contends that Tru could have utilized other security safeguards like an alarm system or surveilance cameras to address his concerns. 

While Mr. Tru certainly seems to have reasonable safety concerns, there is no question he violated the governing documents of his community by failing to obtain approval before installing the wrought iron fence.  Tru also should have reported his concerns to his HOA to determine whether there was an association based solution to the problem.

Do you believe safety concerns trump the responsibility of a homeowner to comply with association governing documents?  Do you believe Mr. Tru should have worked with his HOA to come up with a mutually agreeable solution before installing the fence?  Tell us what you think!

 

 

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