At first, the letter didn’t make sense. The fence had been there for years. It was approved. It was required. And it was built for safety. But suddenly, a family found themselves facing a demand that left them stunned: take down the pool fence — or face consequences. What made it worse? Their own insurance company said the fence must stay. Trapped between two powerful forces, the family realized this wasn’t just about a fence anymore. It was about control.
A Safety Fence That Became a Legal Nightmare
Susan Durger never imagined a simple safety decision would turn into a full-blown dispute. Like many homeowners with a swimming pool, her family installed a fence designed to protect children and reduce liability. Their homeowners insurance company explicitly required it as a condition of coverage.
So they complied.
The fence went up. Life went on. Years passed without issue.
Then, out of nowhere, the homeowners association — the HOA — sent a notice saying the fence had to be removed.
“It felt unreal,” Susan said. “We were being told to remove something we were required to have.”
Caught Between Insurance and the HOA
This is where the situation became impossible.
On one side, the insurance company warned that removing the fence could put the family at risk of losing coverage. On the other, the HOA insisted the fence violated community rules and demanded its removal.
If they kept the fence, they risked fines and penalties from the HOA.
If they removed it, they risked losing insurance — and putting safety at risk.
That’s when Susan decided to ask for outside help.
Calling in a Consumer Advocate
Desperate for clarity, Susan reached out to Amy Davis, a well-known consumer advocate who helps families navigate unfair disputes.
“I just wanted someone to explain how this could even happen,” Susan said.
Amy Davis reviewed the situation and found something troubling: the HOA had previously allowed the fence, and no clear explanation was given for why it suddenly became a problem years later.
Even more confusing? The HOA’s demand came two years after the fence was installed, without any reported incidents or complaints.
Why HOAs Have So Much Power
HOAs operate with broad authority, often enforcing rules that can change interpretations over time. While they exist to maintain property values and uniform appearance, critics say they sometimes overreach — especially when safety and insurance requirements are involved.
In this case, the fence wasn’t decorative. It wasn’t cosmetic. It was a safety barrier.
Consumer advocates argue that when HOA rules conflict with safety standards or insurance mandates, homeowners are unfairly placed in the middle.
“You shouldn’t have to choose between safety and compliance,” one expert noted.
Four Things That Pushed Susan to Fight Back
Susan says four key factors motivated her to push back instead of giving in:
- Child safety — The fence existed to prevent accidents.
- Insurance compliance — Removing it could void coverage.
- Inconsistent enforcement — The HOA had allowed it for years.
- Lack of explanation — No clear rule change was communicated.
To Susan, this wasn’t about aesthetics. It was about responsibility.
A Broader Problem Many Families Face
This case struck a nerve with other homeowners who’ve faced similar HOA battles. Online forums are filled with stories of sudden rule enforcement, vague notices, and threats of fines.
Many homeowners say they feel powerless, especially when HOA boards refuse to compromise or clearly explain decisions.
Consumer experts recommend homeowners:
- Request written explanations
- Review HOA bylaws carefully
- Document prior approvals
- Seek mediation before removing safety features
Where Things Stand Now
With media attention and consumer advocacy involved, the family is hoping the HOA will reconsider or at least provide a reasonable solution. For now, the fence remains — and so does the uncertainty.
Susan says she never expected to fight this hard just to keep her family safe.
The Question Every Homeowner Should Ask
A fence meant to protect children. Required by insurance. Approved for years.
So how did it suddenly become a violation?
As HOAs continue to flex their authority, this family’s story raises a troubling question for millions of homeowners:
If your HOA can force you to remove something meant to keep your family safe… what could they come after next?