CitationIllig, et. al. v. Southbridge II Property Owners Association, et. al., D. C. Colo. Civil Action No. 06-cv-02485-WDM-CBS
Homeowners association refused to approve a standard six-foot privacy fence designed to protect eight-year-old with autism. The fence was necessary to keep the child from wandering of his yard. Over 100 virtually identical fences were located in the immediate neighborhood. The HOA claimed it was required to protect the property interests of neighbors, and advocated the position of a neighbor who suggested an electric fence would be a better alternative.
Plaintiff filed its complaint on December 12, 2006. A settlment was reached in October 2007.