ScottK1 (South Carolina)
Posts: 32
Posts: 32
Posted:
I am on the board of a HOA in SC with 100 homes. We have had a new owner move into a house and install a fence without approval. He says he was told there were no rules only a charge for street lights, but then he tells me the guy next to him said that the only restriction was a fence had to be six foot tall which he said he knew was not correct so he put a fence like others have. He says he never received any CC&R’s at closing and that the HOA should have come to his door and told him what he could and couldn’t do. I explained that we didn’t know when he moved in or that he installed a fence until another homeowner told us.
The problem is he has a corner lot and this is what our CC&R’s say.
. No building or structure, whether it be the dwelling, garage, fence or driveway shall be erected, placed or altered on any lot until the building plans, elevations, plot plan and specifications, including exterior colors, have been approved in writing by Developer or its nominee.
. No chain link fence may be erected on any Lot, any part of which extends beyond a front comer of the residence constructed thereon.
His front door faces street “A “but his address is a Street “B” address. The fence extends from his house out towards street “B“ 10 to 12 feet then runs along street “B“. The board has ruled in the past on corner lots that a home cannot have a fence extend toward both streets. We are ruling that this was included in the CC&R’s so when looking down the streets you didn’t have fencing extending out from the houses towards the street. He says it doesn’t extend past the front corner of his house since his house faces street “ A “ and the fence comes off the back corner. But it does have a street ”B” address.
We have two issues with this, one him not getting an ARC approval before any work being done and the fence extending towards the street. He seems the type that is going to have to be forced to move the fence. Other board members I have talked to are afraid that if we force him to move it we will end up in court with possibly having to pay his court costs and attorney fees.
Are we correct in the way we are ruling and how we can get the fence moved. Isn’t the Boards job to interrupt the CC&R’S and Bylaws and enforce them equally to all members? We are a self-managed HOA with no common areas and a small ($150.00) yearly due. We don’t want to start off this way with a new member but we need to make sure everyone is being ruled on the same way.
Thank You
Scott
The problem is he has a corner lot and this is what our CC&R’s say.
. No building or structure, whether it be the dwelling, garage, fence or driveway shall be erected, placed or altered on any lot until the building plans, elevations, plot plan and specifications, including exterior colors, have been approved in writing by Developer or its nominee.
. No chain link fence may be erected on any Lot, any part of which extends beyond a front comer of the residence constructed thereon.
His front door faces street “A “but his address is a Street “B” address. The fence extends from his house out towards street “B“ 10 to 12 feet then runs along street “B“. The board has ruled in the past on corner lots that a home cannot have a fence extend toward both streets. We are ruling that this was included in the CC&R’s so when looking down the streets you didn’t have fencing extending out from the houses towards the street. He says it doesn’t extend past the front corner of his house since his house faces street “ A “ and the fence comes off the back corner. But it does have a street ”B” address.
We have two issues with this, one him not getting an ARC approval before any work being done and the fence extending towards the street. He seems the type that is going to have to be forced to move the fence. Other board members I have talked to are afraid that if we force him to move it we will end up in court with possibly having to pay his court costs and attorney fees.
Are we correct in the way we are ruling and how we can get the fence moved. Isn’t the Boards job to interrupt the CC&R’S and Bylaws and enforce them equally to all members? We are a self-managed HOA with no common areas and a small ($150.00) yearly due. We don’t want to start off this way with a new member but we need to make sure everyone is being ruled on the same way.
Thank You
Scott