If your property is part of a homeowners association, getting a township permit is often only half the approval process. Many Pennsylvania communities also have their own rules about fence height, material, color, and placement, written into a recorded declaration and enforced by the association rather than the municipality. A fence that is perfectly legal under your township's zoning code can still violate your HOA's rules, and the two approvals do not automatically track each other.
This guide covers where HOA authority over fences comes from, where to find your community's specific rules, and what to check before you request an estimate.
HOA Rules and Township Permits Are Separate Approvals
It helps to think of these as two different systems that happen to both apply to the same fence:
- Township or borough permits are a government requirement tied to zoning: setbacks, height limits by zone, and sometimes materials. See our guide to whether your project needs a permit for how that process generally works.
- HOA or community association rules are private, contractual restrictions that come from the deed-recorded declaration for your development, not from the township. They can be stricter than, different from, or silent on something the township already allows.
Passing one does not mean you have passed the other. A fence can need a township permit, HOA approval, or both, depending on where you live.
Where an HOA's Authority Comes From
Most homeowners associations in Pennsylvania planned communities operate under the Uniform Planned Community Act (68 Pa.C.S. Chapter 51), the state law that governs how these associations are formed and run. Section 5302 of the act lists the powers an association may exercise, including the authority to "adopt and amend bylaws and rules and regulations" and, after notice and an opportunity to be heard, to "levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association."
In practice, that means the specific fence rules for your property do not come from this statute directly. The act gives the association the power to make and enforce rules; the actual height limits, approved materials, and color restrictions are spelled out in your community's own declaration, bylaws, and architectural guidelines.
Where to Find Your Community's Fence Rules
Since HOA fence rules are not public zoning law, you generally cannot look them up the way you would a township ordinance. A few starting points:
- Your closing documents. Most buyers receive a copy of the declaration, bylaws, and any architectural guidelines at settlement. If you kept them, that is the fastest source.
- Your property management company or HOA board. Many communities use a management company that keeps current copies of the governing documents and current architectural review forms.
- The county Recorder of Deeds. Declarations and amendments are recorded as part of the public land records. Bucks County residents can look up recorded property records through the county's Recorder of Deeds office, and Montgomery County maintains its own Recorder of Deeds office with similar public record access. There is typically a fee for copies.
What HOA Fence Rules Commonly Cover
Every community is different, and we are not aware of a single set of rules that applies across Pennsylvania HOAs, so do not assume your community follows any particular pattern. That said, the categories most declarations and architectural guidelines address tend to include:
- Maximum height, which may be lower than what your township zoning allows.
- Approved materials and styles, sometimes limited to a short list, or requiring a "good neighbor" style with the finished side facing out.
- Color or finish, especially for vinyl and aluminum fencing in communities with uniform exterior standards.
- Placement relative to the house and lot line, which can be stricter than the township setback.
- A required approval step, commonly an architectural control committee (ACC) request submitted before work begins, not after.
Submitting a request after the fence is already installed puts you in the position of asking for forgiveness rather than permission, which is a harder conversation with a board than getting a signature first.
Why a "Good Neighbor" Style Often Shows Up in HOA Guidelines
Many wood fence declarations specifically call for the finished, framework-free side to face outward, toward the street or the neighboring yard, rather than your own. From inside your own property you would see the rails and posts; your neighbor sees the smooth panel face. This keeps the look of the development consistent from the street and from yard to yard, which is usually the underlying goal behind height, material, and color rules in general: a shared visual standard across the community rather than a rule about your fence in isolation.
If your declaration does not specify a side, ask the architectural committee directly rather than guessing, since "good neighbor" expectations are common enough in HOA communities that a board may assume it even when the written rule is less explicit.
Common Reasons HOA Fence Requests Get Delayed or Denied
A request can stall for reasons that have nothing to do with whether a fence is otherwise well built. Based on the categories HOA guidelines commonly address, a few patterns to watch for:
- An incomplete submission. Many architectural committees want a site sketch showing the proposed fence line relative to the house and lot lines, plus the material, color, and height, before they will review a request at all.
- A height or style that exceeds what the guidelines allow, even if it would be fine under the township's zoning.
- A missing decision on which side faces out, when the community expects a consistent "good neighbor" orientation.
- Overlap with an easement or a shared boundary that the committee wants resolved first, which is one more reason to confirm your property line before submitting.
Committees typically meet on a schedule rather than reviewing requests the day they arrive, so building in time for at least one round of questions or revisions, rather than assuming same-week approval, avoids a scheduling conflict with your installer later.
Checking Property Lines and Permits Alongside HOA Approval
HOA approval does not replace confirming your actual property line or checking your municipal permit requirement; both still apply if your township requires them. Our guide to property line rules in Pennsylvania covers how to confirm where your lot actually ends before you plan a layout, which matters even more in a development where lots can be close together.
A practical order for most HOA communities looks like this:
- Pull your declaration, bylaws, and any architectural guidelines.
- Confirm your property line and any easements.
- Submit an architectural review request with your proposed height, material, and layout.
- Apply for a township permit if your municipality requires one for the fence you are planning.
- Schedule installation only after both approvals are in hand.
What Happens If You Skip HOA Approval
Because the Uniform Planned Community Act gives associations the power to fine violations of the declaration and rules after notice and an opportunity to be heard, an unapproved fence is not just a paperwork problem. Depending on your community's specific rules, an HOA board may have the authority to levy fines, and in more serious or repeated situations, declarations in some communities include a path toward requiring a nonconforming structure to be brought into compliance or removed. The exact consequences depend on your declaration, not on a statewide rule, so review your own documents or ask your board directly rather than assuming what another community does.
If You Disagree With a Decision
Associations typically have some internal process for a homeowner to respond to a denied or conditioned request, whether that is a written appeal to the board, a chance to resubmit with changes, or a hearing at a board meeting. The specific process, and any deadline for using it, should be in your bylaws or architectural guidelines rather than left to guesswork. Raising a disagreement through that internal process, in writing and before any work begins, keeps the conversation on the record and avoids turning a design disagreement into an enforcement action later.
If a denial seems to conflict with the association's own written rules, rereading the relevant section of the declaration and asking the board to point to the specific provision it is relying on is a reasonable first step before escalating further.
Planning a Fence in an HOA Community
Garrido Fences installs aluminum, wood, and vinyl fencing across its service area, including HOA communities in townships such as Montgomery Township. Once you know your community's approved height, material, and color requirements, a fence installation plan can be built around those limits from the start rather than adjusted after the fact.
The fence cost calculator can help you think through material options while you wait on HOA or township approval.
Request a Fence Estimate
Once you have your HOA's fence requirements in hand, or while you are still waiting on approval, contact Garrido Fences to request a free estimate. We can talk through material and layout options that fit common community restrictions so you are ready to move once your approvals come through.