Hoa Adding A Fence Removal Clause To A Disability Related Exception To No Fence Rule

Location: Missouri

My family recently purchased a new home in a neighborhood with an HOA. Originally the neighborhood allowed fences, and the HOA stopped permitting them in 1991. We requested an exception to this rule due to two disabled family members who will be living in the household - an autistic toddler and a senior citizen with Alzheimer’s. The HOA granted the exception, but said we would need to sign an agreement that we would remove the fence at our expense before selling the home. I’ve asked if others who received exceptions were also required to sign agreements to remove their fence upon selling, and didn’t get a straight answer. I asked for an example of another exception on 5 separate occasions and they have avoided the question each time.

Last week a member of the HOA put a notarized agreement for the approved fence in our mailbox and emailed us requesting it be signed, notarized and returned. The language includes the provisions around removal at my expense.

There is nothing in the indentures around requiring removal of a fence to sell a home. I don’t want to sign anything agreeing to this because I don’t feel it is fair to require removal of the fence for my disabled child when I sell my home but to allow everyone else to sell their homes with the fence intact.

Do I need to sign this document agreeing to pay to remove the fence upon selling the home if they are only imposing this requirement on us? And can an HOA discriminate like this? I don’t want to agree to it as I feel like I’m giving up future property rights, but we really need the fence as there is water at the perimeter of the property and it’s a drowning risk.

Would appreciate any insight. Thank you.