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Bettesworth Construction
fence construction

They Lost a Fence Fight—Then Used Their Covenant to Change the Rules

A New Jersey court affirmed a limited covenant amendment allowing a replacement fence after its owners collected enough written neighbor consent—not a neighborhood-wide repeal of fence restrictions.

By Bettesworth Construction Team 4 min read
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After a court ordered their first backyard fence removed, two Moorestown, New Jersey, homeowners got written support from enough neighbors to amend their community covenant and install a replacement. But the change was limited to what those neighbors had approved; it did not erase the neighborhood’s fence restrictions. The New Jersey Appellate Division affirmed that result in an unpublished opinion on June 22, 2026.

How the homeowners went from losing the fence case to getting a new fence

The dispute involved neighboring homeowners in Laurel Creek, a residential development in Moorestown. Thomas and Cecelia Millea sued Vamsee Devireddy and Thejaswini Veerapalli after the defendants installed a backyard fence that violated the development’s restrictive covenant.

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On June 6, 2023, the Appellate Division affirmed an order requiring the original fence to be removed. The defendants complied, then sought written support from other owners to change the covenant. In June and July 2023, Devireddy collected signed consents. The defendants later installed another fence after obtaining a zoning permit.

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In Millea v. Devireddy, A-3678-24, the Appellate Division considered whether the covenant had been amended validly and whether the recorded change could extend beyond what owners had authorized. Its June 22, 2026 opinion affirmed a limited modification for the defendants’ fence—not a general repeal of the neighborhood’s fence rules.

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What the covenant required—and how the vote was counted

The covenant allowed modification after the last home had been built if at least 60% of current lot owners agreed in writing. The trial court found that Laurel Creek had 304 lots and that 203 owners had signed. That is more than the 183 signatures needed to reach 60% of 304.

The recorded modification mistakenly listed 180 consents. The trial court treated that number as an error and found that 203 owners had signed; the plaintiffs did not dispute the corrected finding. The case therefore turned not just on the percentage, but on the covenant’s stated method and the evidence of actual written consent.

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Why the court limited the amendment to the fence owners approved

The consent form authorized a change needed to permit the defendants’ own backyard fence. The modification recorded afterward used broader language. The trial court restored the covenant’s original wording and directed the defendants to insert a paragraph reflecting the consent actually obtained, “and nothing more.”

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The Appellate Division affirmed. It described a restrictive covenant as a contract, subject to contract-interpretation principles, and said the covenant’s modification procedure was clear and unambiguous. Because the consent form defined what owners approved, the recorded amendment could not use their signatures to make a broader change.

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What the ruling says about permits, HOA rules, and other legal arguments

A zoning permit did not cancel the private restriction

The opinion reports that the replacement fence had a zoning permit, but the permit did not itself resolve whether the fence complied with the private covenant. Municipal zoning approval and a community’s recorded property restrictions are separate requirements. A project may need to satisfy both.

The court did not establish a universal rule about planned developments

The plaintiffs argued that New Jersey’s Planned Real Estate Development Full Disclosure Act (PREDFDA) imposed additional procedures. The Appellate Division rejected that argument on the record before it because the plaintiffs had not presented evidence showing that Laurel Creek was a planned real-estate development subject to the statute. That is not a ruling that PREDFDA can never apply to a community or covenant amendment.

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The court did not require extra steps absent from the covenant

The court declined to add amendment procedures that the covenant itself did not contain. It also rejected the due-process argument: the case involved no state action, and the record did not show that owners who signed had been misled or inadequately advised.

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The defendants also argued that the fence restriction had been abandoned. The Appellate Division did not decide that alternative argument.

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What homeowners should check before changing or building under a fence rule

  1. Read the recorded declaration or covenant. Find the exact amendment clause, including the percentage, whose ownership counts, the required form of consent, and any timing condition. In this case, the last home had to be built before the written-consent process could be used.
  2. Verify the count against the covenant’s denominator. Keep clear records of the lots included, the owners eligible to sign, and each signed consent. A recorded document’s summary figure may not settle the count if the underlying consents show something different.
  3. Match the amendment to the written approval. Do not treat consent to a limited exception as consent to a broader policy change. The court confined this amendment to the fence the signers had authorized.
  4. Check private restrictions and municipal requirements separately. Confirm the covenant or association’s requirements as well as zoning and permit rules before construction. Satisfying one does not establish compliance with the other.
  5. Keep a prior court order distinct from a later amendment. The defendants removed the fence covered by the earlier order before collecting consent and installing another. A later change to a covenant does not, by itself, undo an earlier judgment.
  6. Confirm the law where the property is located. This was a New Jersey case interpreting this covenant and this record. The text of another community’s documents, applicable statutes, and controlling local decisions may produce a different result. A New Jersey property or community-association attorney can assess a specific dispute.

How far the decision can be relied on

The June 22, 2026 Appellate Division opinion is unpublished and expressly says it is not precedent or binding on other courts. New Jersey Rule 1:36-3 limits its use in other cases. Its outcome depended on this covenant’s wording, its timing condition, the written consents, and the evidence presented. It is not a general authorization for homeowners to change HOA or neighborhood rules by collecting signatures.

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