Fences on Lots

I am the president of out HOA...we are only 2 years only. We are new and need interpretation help. I am looking for feedback on the following covenant we currently have.

"Fences may be permitted on Lots provided that no fence shall be placed closer to the front property line than the back building line of the residence"

I believe I know what it means, but I'd like to here from you all...

thank you,
D

David,

My HOA is the same. It means that the farthest back corner of the structure, be it garage or house, is the closest to the front of the lot that a fence may be installed. This supposidly protects a neighbors home from any noise or doings occurring within the fence---aka running or barking dogs etc.

So, each of your interpretation is that the "back building line" is the "back of the house"? I don't agree with this, however I do agree that this is what they are TRYING to say. The covenant and each of your interpretation states that the covenant is written to a variable point on a structure as opposed to a fixed point of reference. My other problem is that the building line; front, back, side, is the setback that the municipality places on any lot, and has nothing to do with the structure since the structure isn't even there when the setbacks are created.

For example:
if we look at the words choosen in the covenant...and if we look at a 200ft x 200ft lot, and the building lines, are all at 30feet from the property line, making the area for with the house must be contained in; 140 x 140 and the house is places near the front building line and say the house is 30 feet deep. That places the back of the house somewhere around 60ft from the front property line (30foot setback + 30foot depth and assuming the front of the house is exactly on the front building line.) Now the back building line is at 140ft from the front property line (becasue all building lines are 30 ft from the respecitive property lines). If you read how the covneant is written "...no closer TO the front property line THAN the back building line..." This means the fence has to be 80ft away from the back of the house and can't be any closer. There is nothing anyplace I can find that states the "building line" is the "building structure". I think this is what we are all assuming and the words just don't say that.

Maybe I am dwelling on this more then I should, but as an engineer in the steel building construction world (and a bit...you know...) who reads an interprets contracts and scopes of word, I see this as a problem and potential lawsuit if we rule incorrectly; all becasue of the wording.

David,

IMO,it would behoove the board to obtain a legal opinion from an HOA attorney.

David,

I have read your answer to how your hypothetical lot line is and where the back of the lot is or whatever it turned out to be. In my opinion, you have tried to reinvent the wheel. I lost you after you went past the setbacks. Setbacks are for structures, not fences. I really believe that you are looking to complicate this covenant requirement for fences.The farthest most point on the rear of the structure is where the fence may be closest to the front of the lot line.

I am married to an engineer as well and he can lose me in a heartbeat when he goes all technical on me. As for those already installed, this happens constantly and either your association adopts new setbacks on the fences to be in line with already installed ones or you ignore tham and consider them as vested in.