Amendment Intent not a factor?

ShaunG (Florida)
Posts: 2

Posted:

Several years ago we pushed an Amendment thru our community to allow a fence to be brought ".....24" in front of a side middle bedroom window" to keep potential predators away from what is almost always a kids bedroom.

Our new Board claims this only applies to the middle of 3 windows on the sidfe, not any window on the side. They are also refusing to consider the intent, which is allowed in Government, but does that apply here as well?

Thanks!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Shaun,

Typically, the Board is the entity who interprets your associations governing documents. If you disagree with an interpretation, you may:

1. remove the Board and replace with a Board that will interpret it they way you want.

2. Challenge the interpretation in a court of law for a judge to rule on it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Shaun,

Sorry to the Board. They cannot make that call. Under the new Florida Statutes, ALL limitations on architectural restrictions must be written and in the hands of each homeowner. That is required by Fl. Statutes. Any fence installation or physical changes should go thru ARC committees for approval or to deny.

Do your documents allow for an architectural committee? Apparently from your post, your restrictive covenants stated where fences were to be installed and you amended that. This would not be an "Intent" call to use in an legal argument.

Depending on how the amendment reads, it is poorly written as you have it stated unless every unit has the same window configuration and number. If there are 4 side windows, which one is the "MIDDLE" one?

And "almost always used as a kids bedroom" Nope,that would never add to a defense of the placement of the fence as well. Could you please post the exact wording of the amendment and let us know if you have an ARC committee.

ShaunG (Florida)
Posts: 2

Posted:

See the middle paragraph...and exuse what the OCR scanner did. View document at:

http://pubrec3.hillsclerk.com/oncore/showdetails.aspx?id=11343786&rn=17&pi=0&ref=search

or hillsclerk.org book 15970 page 272

The Board at the time refused to help us change the documents, and made it very difficult to do so by forcing us to get 10% of the Community to sign a Petition, and then requiring 25% because the original foigure of 10% was incorrect....despite having the ability to schedule the vote without signatures at all! We did this because there was a predator in the neighborhood caught peeping thru windows, and those side windows are almost always bedrooms....and as we have nearly 1,000 homes in the Community you can imagine how difficult it was, especially in Florida during the Summer! After this passed, the Community elected me to the Board and things have been fine, without the former President. I left the Board this year due to work (I travel and even now am in Washington State) and don't you know, the former President is the only one running so he got elected again.....and now this issue all over again!

Section 8. 4. Fences shall be constructed either of wood or high quality PVC fencing, which
mimics wood fencing. All posts and stringers shall be exposed only to the inside of the Lot. No
fence of any type shall be permitted between the street right of way 8Hd the feef bttildiRg liRe !m
to a point not to exceed 10' (ten feet) ofthe rear building line of the house.

An exception can be made when a side entry man door or a middle side bedroom window exists. in which case the
fencing may come forward of the rear building line to a point not more than 24" (twenty four
inches) forward of said man door or middle side bedroom window.

When the fence meets up with
a middle side bedroom window or side man door the neighboring fence may match that ending
location. Restrictiom shall apply should sight lines of the neighboring property be blocked by the
fence. in which case the fence may not extend more than 48" (forty eight inches) out from side of
the home. Fences shall not exceed 6' (six feet) in height. No fence shall be constructed within
20' (twenty feet) from a street right-of-way line without the prior written consent of the
Architectural Control Committee. No chain link fence may be erected on any residential Lot.
Chain link fences may be permitted in common recreational areas as deemed necessary by the
Association. No fence shall be installed until plans for same are submitted to the Architectural
Control Committee and approval in writing has been granted by the Committee. The
Architectural Control Committee may. in its sole discretion. reject an application for a fence
when. in its sole discretion. it may determine that the fence as proposed would negatively affect a
neighboring property.
Page 2 of2
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