DrewM (Delaware)
Posts: 9
Posts: 9
Posted:
Hi,
I live in a small community of 50 homes in the state of Delaware (Sussex County). I have been asked to serve our restrictions committee and we have a tricky situation that maybe someone would like to comment on.
When our community was being built, the developer’s restriction on fences only allowed post and rail wood fencing with wire mesh to protect built in pools, which is legal code in DE.
We had one built in pool in our community with the above-motioned fence before the homeowners took over the HOA.
In June 2005, a second homeowner was installing a pool and asked for a variance to the fence rule by requesting a “Wrought Iron Style Fence”. The board president spoke to our attorney seeking advice and he stated “the maintenance corporation might face liability if, as is the case here, a homeowner applied for a more substantial fence and was denied and injury resulted as set forth above”. This homeowner was granted APPROVAL and the community was not asked to change the restriction.
In August 2005, a third homeowner was installing a pool and requested a similar “Wrought Iron Style Fence” which was also APPROVED and the community was still not asked to change the restriction.
In September 2005, a forth homeowner was installing a pool and requested a “solid white vinyl fence” and they were DENIED being told in a letter that the requested style did not comply with restriction of only allowing post and rail style fencing. (Sounds crazy but they did, I have copies of all the letters)
In October 2005, the homeowner resubmitted the request asking for a “variance” to the fence rule and stated they needed a response by 10/15/06 because of the deadlines they were facing. They were sent a letter by the BOD stating, “The BOD have tabled your fence construction request”. This homeowner went ahead and purchased the fence in November 2005 and had it delivered to their home. The Board of directors never responded to the second requests.
IT GETS BETTER!
In January 2006, the association DID vote on a fence restriction change that passed. It now states you are only allowed post & rail and wrought iron fences.
In March 2006, one of our board members requested to install a white picket fence and they were APPROVED. Picket fences are not in our restriction. This board member is now the new president of the BOD.
They now want to take legal actions against the homeowner with the solid white fence, even though they were never denied or approved when they requested a "variance". It has been over a year and a half since the request was “tabled” by the BOD and the fence has been installed for over a year. Now the president of the BOD has a fence that is also not in our current restrictions which in my mind makes the whole fence restriction non enforceable. ANY THOGHTS ?????
I live in a small community of 50 homes in the state of Delaware (Sussex County). I have been asked to serve our restrictions committee and we have a tricky situation that maybe someone would like to comment on.
When our community was being built, the developer’s restriction on fences only allowed post and rail wood fencing with wire mesh to protect built in pools, which is legal code in DE.
We had one built in pool in our community with the above-motioned fence before the homeowners took over the HOA.
In June 2005, a second homeowner was installing a pool and asked for a variance to the fence rule by requesting a “Wrought Iron Style Fence”. The board president spoke to our attorney seeking advice and he stated “the maintenance corporation might face liability if, as is the case here, a homeowner applied for a more substantial fence and was denied and injury resulted as set forth above”. This homeowner was granted APPROVAL and the community was not asked to change the restriction.
In August 2005, a third homeowner was installing a pool and requested a similar “Wrought Iron Style Fence” which was also APPROVED and the community was still not asked to change the restriction.
In September 2005, a forth homeowner was installing a pool and requested a “solid white vinyl fence” and they were DENIED being told in a letter that the requested style did not comply with restriction of only allowing post and rail style fencing. (Sounds crazy but they did, I have copies of all the letters)
In October 2005, the homeowner resubmitted the request asking for a “variance” to the fence rule and stated they needed a response by 10/15/06 because of the deadlines they were facing. They were sent a letter by the BOD stating, “The BOD have tabled your fence construction request”. This homeowner went ahead and purchased the fence in November 2005 and had it delivered to their home. The Board of directors never responded to the second requests.
IT GETS BETTER!
In January 2006, the association DID vote on a fence restriction change that passed. It now states you are only allowed post & rail and wrought iron fences.
In March 2006, one of our board members requested to install a white picket fence and they were APPROVED. Picket fences are not in our restriction. This board member is now the new president of the BOD.
They now want to take legal actions against the homeowner with the solid white fence, even though they were never denied or approved when they requested a "variance". It has been over a year and a half since the request was “tabled” by the BOD and the fence has been installed for over a year. Now the president of the BOD has a fence that is also not in our current restrictions which in my mind makes the whole fence restriction non enforceable. ANY THOGHTS ?????