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StephanieM4 (Missouri)
Posts: 1
Posted:
We are purchasing a home in a subdivision. The CC&R were very vague on the fence guidelines. We did make sure to follow all of those stipulations. We took our plan to the subdivision "owner". We'd like the sides to run 186 feet and he says they don't want that much yard fenced, that he'd rather just 40 feet. Since this is not in the stipulations when we bought, do we have to abide by this? Its a black rod iron fence, nothing over the top.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Steph

The HOA has the right to make Rules and Regulations (like no fence more then 4 feet tall) to clarify things in the CC&R's including when the HOA is still under developer (declarant) control which sounds like your situation.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Stephanie,

Short answer is YES you have to comply with the CC&Rs.

Even if fences are not specifically mentioned in the CC&Rs, it's likely that there is a clause requiring Association approval prior to installing a fence.

Typically, Board will adopt guidelines (fence type, height, length, etc.) that the approving authority will use as a basis when considering what requests to approve or disapprove. This is done as a way to standardize the look of the community and to ensure that favoritism is not part of the approval process.

Hope this helps,

Tim

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