Increase fence height both sides of home

Home owner (HO) submitted an application to ACC to replace existing 6'(six foot) fence on both side of their home with a higher fence. Homeowners feel they have no privacy in the back yard from neighbors on both sides who can easily see into their backyard patio and pool. During the visit ACC it was determined the home itself was built on standard concrete slab but higher than neighbors on both sides. The area between the homes is sloped down to the middle to accommodate height of neighbor home as well as to accommodate normal water drainage to the front of home (the base of fence is at this low point between the homes. Other homes have varying degrees of this issue but I feel none as severe as this home)

The builder followed guidelines by installing 6' fences between all homes. This home in question is higher than homes on both sides. This higher level is carried out to include patio and underground installed pool. If you exit the back door to patio on out to pool there is almost full view of the neighbors entire back yard.

The HO wants to take down both side fences then replace with new fence increasing the height to 7'6". HO stated the new height will provide desired privacy. HO also stated will pay entire cost to replace fence if neighbors do not object to change.

As an ACC member, after my review, i am leaning towards allowing this change to the HO fence. My problem is this... another ACC member wants the ACC to recommend to the board that we change the ACC guidelines to increase allowable fence heights from current standard of 6'(six feet) to 10'(ten feet)! In my thinking that would clear the way for HOs to erect fence heights anywhere between 6' and 10' erasing uniformity of fences between the home and in rear of home.

Has anyone out there faced an issue like this? What are your thoughts?, suggestions. I want to keep the fence heights at 6' and resolve the privacy issue or other fence related issue as it comes up on an individual basis. I welcome all responses

Thanks,

SteveS4

Our HOA dictates the design (shadow box?), color, material, placement, etc. of our rear (only) privacy fences. We allow two heights only. 6 feet and 8 feet.

I think 10ft is much to tall and allowing any height makes it hodgepodge.

Allison it would first depend on if local ordinances (if any) limit a fences height. If say the local ordinance allowed a higher fence, the HOA could have a lower limit but if the LO said six feet then the HOA couldn't allow a higher fence. Then comes the Covenants or deed restrictions if they limit a fence to only six feet then the Board or ACC doesn't have the power to allow a higher fence.

If a Covenant is outdated or unworkable then the Board should work to amend or remove it. By simply ignoring it they set the homeowners up for future litigation. Say the current Board turns a blind eye or gives the homeowners a wink, wink - nudge, nudge that they are not going to do anything about it. Now next year a new Board is seated that decide they are going to enforce ALL of the Covenants and turns their eye towards the fence.

Now the homeowners can argue that the previous Board gave them a tacit OK for the fence but the current Board could argue that the previous Board did not have the power to waive the Covenant. In the mean time both sides spend thousands on attorney fees to what profit?