Homeowners in Sun City Center are being ordered to move or remove backyard fences that a local governing district says are blocking drainage easements, and they are footing the bill themselves even though their homeowners associations approved the fences in the first place. Victor Abreu already paid a contractor $1,000 to shift his fence 15.5 feet toward his house, a move that cost him plants, bushes and part of his irrigation system.
The dispute centers on the Cypress Mill Community Development District, which says some residents' fences block designated drainage easements and must be moved or removed, according to Tampa Bay 28. Letters sent to homeowners stated that the fences prevent the district's pond maintenance vendor from reaching an adjacent stormwater pond for necessary upkeep. Residents in the community were told their fences would have to come down later this month, and other neighbors have already complied with the demand.
Abreu said he looked at the alternative of just taking the fence down entirely, which he estimated would have cost $625, before deciding to pay more to relocate it instead. He said the move left him down roughly 15.5 feet of usable yard, along with the landscaping and sprinkler lines that had to be redone.
A Fence Approved in 2021, Now Facing Removal
Laura Burns-Sierra said her homeowners association approved her fence back in 2021, and that nobody told her a separate entity like the CDD could later force its removal. The fence cost her nearly $8,000, which she paid off over two years after charging it to a Home Depot credit card.
Burns-Sierra said a crew showed up at her property to begin removal work, but she denied them access and called police, telling the outlet the crew had no court order to proceed. Christopher Delgado, who rents a nearby home, said he learned last month that part of his backyard fence would also have to go. When a crew arrived to take down his fence, Delgado also denied them access to the yard.
Why the District Says the Fences Have to Move
According to the CDD's account, its current maintenance vendor found that fences obstructed designated drainage easements and left one of the district's stormwater ponds without a legally established access route. The district said a previous vendor had been reaching the pond through an alternative route, but that route fell outside any designated easement and raised concerns about liability and the safety of the vendor's personnel.
The CDD said the adjoining drainage easements on affected lots extend 15 feet along each property, running from the road to the pond, and that these easements were established during the community's development and are reflected in recorded plats for the applicable phases. The district said recorded easement provisions prohibit permanent improvements, including fences, within those areas, and that an HOA's approval of a fence does not authorize encroachment on the CDD's easement or waive the district's easement rights.
The CDD also said property owners are responsible for determining where easements lie before installing fences, pools or other improvements, and that homeowners should check whether entities beyond their HOA hold rights over easement-adjacent property. In Burns-Sierra's case, the district said her own property survey depicts the CDD drainage easement and identifies the fence encroachment in a surveyor's note. The district said it determined it needed to address all such encroachments throughout the community, not just isolated cases.
Extensions Offered, But No Timeline Guaranteed
The CDD said it has provided extensions to homeowners who asked for more time to address the issue and is working with affected residents to allow additional time for compliance rather than demanding immediate removal in every case. The district said it is not planning to remove fences before any applicable extensions expire, and that further action will depend on the circumstances of each affected property and the district's easement rights.
Burns-Sierra asked CDD board members to respect residents' wishes and to discuss the impact on the community before making further decisions. Homeowners across the affected lots have said their HOA approved the fences according to guidelines covering materials, size and color, which is part of why many feel blindsided by the CDD's separate authority.
How a CDD's Power Differs From an HOA's
Jonathan Ellis, an attorney who represents homeowners associations but has no involvement in this dispute, said a CDD is a governmental entity with its own elections, distinct from an HOA. He said a CDD can enforce policies for district-owned common areas, including clubhouses, parking lots, roads and easements, which explains why its rules can override what an HOA previously approved.
Separately, Hillsborough County's stormwater management manual states that permanent structures or improvements, including fences, may not be constructed in a County drainage easement or right-of-way, subject to certain exceptions, according to the Hillsborough County Stormwater Management Technical Manual. It remains unclear whether that county-level rule applies to the Cypress Mill CDD's own easements, which are a separate, district-governed designation.
