Hoa privacy backyard

Started by JonathonM • 6 replies • 1965 views

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JonathonM (North Carolina)
Posts: 1

Posted:

Hello!
I just joined the architectural review board or our HOA! Officially start in January. I have read through several posts but not quite finding an answer to me questions. For some reason, that has yet to be explained, our previous HOA did not believe in privacy in the backyards. Max is a 4ft fence and no privacy landscaping allowed. In all the HOAs I have lived with in six different states this is a first. Question One: I can't find any reason for this anywhere and honestly believe it is hindering property values, when would privacy in the backyard in general not a positive add to value, know any reasons why they may have done this? Second, every neighbor I have met disagrees with this rule and has asked me to change it if possible, is this a voting type change?

Any help, suggestions, or insights would be greatly appreciated!

Thank you.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Jonathon,

There have been many posts on this forum in the past about fences. Usually someone is bellyaching because someone else put up a fence.

I grew up on Ohio where there was no privacy. There were no rules or ordinances to prohibit fences; it was just the local custom to have no fences. I have lived most of my adult life in Arizona where the custom is just the opposite: everybody has some sort of privacy fence or wall. My opinion is that the few homes in my area that lack walls or fences entirely (very few of those) or those that have a chain link fence look unfinished and have a very low curb appeal. After 45 years of backyard privacy I could not imagine living without it and I am totally perplexed by those who insist on looking into everyone else's backyard.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By JonathonM on 11/24/2013 11:00 AM

Question One: I can't find any reason for this anywhere and honestly believe it is hindering property values, when would privacy in the backyard in general not a positive add to value, know any reasons why they may have done this?

Some individuals prefer that fences should not be allowed because it degrades from the scenic view of the development. I suspect that the 4 foot fence may have been a compromise between having no fences and the need for a fence for security or control of pets.

Quote:

Posted By JonathonM on 11/24/2013 11:00 AM

Second, every neighbor I have met disagrees with this rule and has asked me to change it if possible, is this a voting type change?

Depends, where is the rule located?

If it's in the CC&Rs or Bylaws, then a membership vote will be needed to amend that document.

If it's in the architectural guidelines and those guidelines are not part of the CC&Rs or Bylaws, then the Board typically to amend the guidelines on their own. Of course, a future Board can change it back. The best way to address an issue that may be controversial is to make the ruling part of the governing documents. This way, only the membership may modify it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Personally I do not like fences. I would not allow them nor would I have one. Now I can understand/agree with the need for a fenced rear yard for the sake and safety of pets and children. I for one would limit the fence height to 4 feet and wooden. I feel any higher could become unsightly, but that is just me.

My last HOA (standalone homes) limited fences to rear yards, wood, and no more the 4 feet tall. My HOA prior to that (townhouses) did not allow fencing of any type.

My present HOA (standalone homes) does have 6ft privacy fences in the rear of each home. Small patio home lots so the fences are not that unsightly and I had no choice. The fences were installed by and are maintained by the HOA. We do not allow anything except shade umbrellas/awnings to exceed the height of the fence.

My bottom line is I do not like fences but I accept that within reason, there is a need for such.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Jonathan, what do you mean by "previous HOA"? Do you mean the previous Board at your present HOA?

I see it the way Tim does. He wrote:
"Depends, where is the rule located? If it's in the CC&Rs or Bylaws, then a membership vote will be needed to amend that document.

If it's in the architectural guidelines and those guidelines are not part of the CC&Rs or Bylaws, then the Board typically [is able] to amend the guidelines on their own. Of course, a future Board can change it back.

FredS7 (Arizona)
Posts: 927

Posted:

> when would privacy in the backyard in general not a positive add to value,

This depends a lot on the exact layout. Even if there is no view to see, I can imagine that high fences might obstruct the sun or make small yards seem claustrophobic.

As exemplified by JohnC, some people don't like fences, for whatever reason. And some of them might have bought in your HOA because they like the open feeling. You can attempt to change your HOA policy, but don't be surprised if not everyone is on board.

GlenL (Ohio)
Posts: 5,491

Posted:

You might also check with your local Zoning Dept to find out what the local regulations concerning fences are. A HOA can have more restrictive requirements i.e. only allow four foot fences when local code allows up to six foot fences but if local code says four foot, the HOA cannot allow six foot.

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