Fencing Question

Started by DianaH4 • 1 replies • 1211 views

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DianaH4 (North Carolina)
Posts: 2

Posted:

I live in a community where the covenants state that a fence can go to the back lot line and side lot line of the property.

"In addition, no fence or wall shall be erected on any Lot closer to the street than the line formed by the exterior face of the rear wall of the dwelling, extended from the rear corners therof to each of the side lot lines."

My question, can the ARC / Board put an unwritten rule in place that only approves fences that are 1-2 feet from the patio area. I want to make sure that we the ARC are appropriately approving/denying requests.

GlenL (Ohio)
Posts: 5,491

Posted:

First off the ARC should put its guidelines in writing and give every homeowner a copy. While the ARC can have more stringent guidelines these appear draconian and violate the intent of the Covenant which is to allow the rear of the property to be fenced as long as the front of the fence doesn't go beyond the back of the house. IMHO a sure lawsuit in the making.

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