do you have to grandfather in a chain link fenses (prohibited by Bylaws) since there was no Arch. Committee until now to enforce? (MD)

Started by TeriA • 7 replies • 2022 views

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TeriA (Maryland)
Posts: 2

Posted:

I live in MD and we have an HOA for our community that was established approximately 10 years ago. However, we never had an architectural committee to enforce our Bylaws. A few years back we had three neighbors put up chain link fences, but since we didn't have an architectural committee nothing was never said to the owners. Now we have an architectural committee and they want to enforce the "no chain link fence" rules. Can this be done or do the chain link fences need to be grandfathered in since they were erected a few years ago and it wasn't addressed then?

Thanks for your time and response.

Teri A.

PetunkaM (Florida)
Posts: 1,009

Posted:

Now we have an architectural committee and they want to enforce the "no chain link fence" rules.

Teri,

first, do your covenants specifically say no chain link fence?

PetunkaM (Florida)
Posts: 1,009

Posted:

Sorry, I did not read the title.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Teri,

Inactivity of an HOA architectural committee, or a silent committee (which makes it inactive) can offer some protection against "no chain link fences" in your case. Otherwise, the ARC could decide it doesn't like your 5 year old house color and rule you out of compliance. I'm not a fan of time-travel rules enforcement for time periods where no authority board was active. It's too messy.

But, it's nice that your ARC is ramping up and it offers benefits that could protect your community iF the ARC members realize their job is to compare proposed homeowner projects against the established covenants and not to place personal opinion into the equation more than necessary.

TeriA (Maryland)
Posts: 2

Posted:

Kelly,

I would love for the chain link fences NOT to be grandfathered in since they are an eyesore (especially one in particular). All of the chain link fences are used for dog runs and several of my neighbors want them removed. My only concern is that if the chain link fences have to be removed than my own vinyl fence will have to be removed since the Bylaws also specifies vinyl is prohibited as well. The Bylaws state that only wood fences are allowed. My neighbors have no issues with vinyl fencing since it tends to be more attractive than a wood fence. Our Bylaws were written 15 years ago. Can the Bylaws be changed to allow vinyl fences if agreed on by the Board?

Any suggestions?

Thanks, Teri

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hi Teri,

One comment and few questions?

The enforcement responsibility is that of the Associations not necessarily any specific committee. The Board of Directors or the governing documents may specify that initial enforcement should be done by Committee A or Committee B. However, if the committee doesn't exist, then it was the Boards responsibility to perform the committees duties in addition to their own.

Are you sure the fences were not authorized?

The files of the Association should be reviewed to see if a previous Board did approve the fences. If nothing is found, then a letter to the homeowner should be sent asking for a copy of their approval.

Does your governing documents require a timeline for the Association to respond to a request?

Was the rule adopted before or after the fences were put up?

Tim

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Teri,

Your HOA documents can tell you how to change covenants. Under the existing rules, IF the ARC wants to enforce fence violations years after the fact, then vinyl fences leave with the chain link. A violation is a violation, appearances aside. If it's worth the trade to you, bid on a wooden fence.

I had a neighbor turn in the next-door neighbor for building an unauthorized (but nothing wrong with it physically) out-building. She said it violated the setback provisions, which it did. The "violator" neighbor then had his yard surveyed, revealing that the complainant's fence and rose bushes were encroaching on his property. A properly-set fence would place the tool shed in compliance with all codes as the survey gave him critical feet. The complainant then witnessed her neighbor install the new fence on his newly-discovered property line. The fence crew then moved his building very much into compliance.

So much for that complaint. So, be a bit careful stirring the pot if trouble's to be found.

LawrenceC1 (Georgia)
Posts: 480

Posted:

Teri,

In Georgia there is a 2 year statute of limitations on covenant enforcement. Unless the HOA takes action within 24 months after something is installed, then the HOA loses its ability to have it removed. There may be a similar provision in Maryland.

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