While you might want to know how to get around HOA fence rules, there is no way to circumvent these rules. Breaking the rules and regulations of your HOA can result in fines, lawsuits, and other penalties. The best way to navigate a fence dispute is to work with local authorities and be willing to compromise.
Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.
Maintaining Distance from the Property Line This helps prevent disputes and allows for maintenance on both sides of the fence without encroaching on the neighbor's land. A common practice is to build the fence 2-8 inches away from the property line, depending on local regulations and personal preferences.
Section 218 of the California Utilities Code, known as the “over-the-fence” rule, limits the distribution or sale of self-generated energy to only adjacent parcels and outright bars electricity transmission across public streets.
Open ornamental fencing not exceeding seven (7) feet. Fences exceeding these heights may be allowed with the issuance of a Minor Use Permit. Fences in the front yard in the AG or AR zone shall be limited to seven (7) feet. Fences in the side street yard shall not exceed seven (7) feet.
The Good Neighbor Fence Act of 2013 states: “Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or ...
(b)(1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.
Under California law, property owners cannot remove or alter a neighbor's fence without following proper legal procedures, even in cases of encroachment. Removing or damaging someone else's property without consent could lead to legal consequences, including claims for trespass.
To file a complaint about a code violation call 3-1-1 or 916-875-4311, or file an online report at 311-Connect. If you have received a warning letter and have a technical code question, contact our Officer of the Day (OOD): 916-874-7908 or email SacCode@SacCounty.
Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.