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MelissaC4 (Louisiana)
Posts: 4
Posted:
We just bought our first home in a new subdivision, almost half complete. When reading the documents about the Homeowners Association rules and regulations pertaining to putting up a fence, it states that we must submit a written request to the board and obtain approval. However, there is no homeowners association nor dues paid until the subdivision is complete. There are also 2 copies of this statement in the packet one with listed 4 board members dated in 2007 and a revised copy dated in 2010 with only 2 board members. It also states that the board memebers will change every year. However there is no contact information on how to address the board for such requests. I have noticed that a couple of homes in my neighborhood do have fences up and I am tempted to go knock on their doors and ask what they had to do, if anything. I have also emailed and called the real estate agent over the neighborhood asking him for clarification, however it is almost impossible to actually get in touch with him. Does anyone have any suggestions as to what we should do because putting a fence up around our back yard is rather important to me because we have children as well as a dog.

Thanks!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mel

The chances are the association is still under control of the declarant (developer/builder/etc.) as it has not been turned over to the homeowners.

This could be good news. More then likely when turned over to the owners, the requirements/rules will become more stringent. If under declarant control and the declarant says yes, it is a go. They and they alone have the authority.

I also advise not to just say the heck with it and do it. The declarant could also order you to remove it

I would draw up some plans as to what you want to do. Location outlined on a copy of your plat plan, pictures of type fencing, etc. Put it together along with a letter of request to build and send it to the declarant. If they say go, you are good.

Additional word of advice. Keep copy of everything. Make notes, record dates, times, name, send confirming Emails, etc. This is in case at a later time someone disputes your right to have such a fence.

Hope this helps.
MelissaC4 (Louisiana)
Posts: 4
Posted:
So as for submitting a request, we should submit to the developer? Since the packet that we have listing all of the rules and regulations isn't very clear as to whom we are supposed to contact, it makes things a bit confusing.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mel

Start with the developer/builder. Not sure they are the declarant but if not, they know who is.

Look in your closing docs for CC&R's, Covenant Declarations, Article of Incorporation, etc. They will show the name of the declarant corporation/person, etc. Like So and So Corportion and usually on the last page the name of the actual person who signed the docs.

Remember. They want to sell houses. They want present owners liking them. Saying good things about them, etc. Use this to your advantage.

Did your agent work for the developer? If so, the agent will know who all are. The sales agent in our developemnt is the developer/declarants wife.

Hope this helps.

MelissaC4 (Louisiana)
Posts: 4
Posted:
The agent does work for the developer. It is really hard to get in touch with him, always has been except in the very beginning of the buying/building process. I will check further into the documentation that we have and continue to try and get in touch with the agent to see what kind of info he can give me. I hate to go knock on my neighbors doors to ask them what they had to do to build a fence, I don't like bothering people, but if it leads up to it I will do so.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By MelissaC4 on 05/28/2012 10:22 AM

I don't like bothering people, but if it leads up to it I will do so.

I wouldn't equate knocking on a neighbors door to ask a question about the development you both live in as bothersome.

The act of getting to know neighbors goes a long way to having a happy and safe community.
GlenL (Ohio)
Posts: 5,491
Posted:
Melissa before you submit your request to the developer, I would start with the local Zoning Board to make sure the fence type and height are allowed in your area and what setback is required. Just because the developer OK's it and as John said keep a record of the approval in writing forever, you don't want the city knocking on your door telling you it has to go because it doesn't meet code.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Glenn

Sorry, but I disagree with your advice/suggestion.

Associations can well have (and legally accepted/proven) to have tighter regulations then the locsl regulations..

Local regulations say no fence can be over 6ft tall but the association regulations say no fence can be over 4ft tall. Associations wins.

Local regulations say no fence can be over 6ft tall but the association regulations says fences can be 10ft tall. Associations loses.

Hope this helps
MelissaC4 (Louisiana)
Posts: 4
Posted:
The subdivision is in a rural area outside of city limits, therefore I don't feel that contacting the zoning department would make a difference.
GlenL (Ohio)
Posts: 5,491
Posted:
Melissa, then look to your local County or Township ZB.

John, that is what I was saying about making sure the requested fence met the local codes BEFORE requesting it. I used to live in a small community (no HOA) and the neighbor behind us who hated kids put up a chain link fence that many homes backed up on. She had the fencing contractor put the fence on upside down so the barbs at the bottom of the fence were pointing up to keep kids from climbing it to get their balls back. A couple of calls to the local ZB and the contractor was back removing the fence and reinstalling it correctly.

Studies show that 5 out of 4 people have problems with fractions
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By GlenL on 05/28/2012 3:15 PM
Melissa before you submit your request to the developer, I would start with the local Zoning Board to make sure the fence type and height are allowed in your area and what setback is required. Just because the developer OK's it and as John said keep a record of the approval in writing forever, you don't want the city knocking on your door telling you it has to go because it doesn't meet code.

Melissa,

The reason for keeping records forever is that there have been other threads on this forum involving similar situations: Developer OK's fence while association is under his control then ten years later owner-controlled board screams foul. You will need those records someday to prove that your fence was approved, so keep them.

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