Question regarding how to handle fence and pool

I will preface this by saying I am not part of the HOA but what the HOA is here is a one man show with zero formal process. We have asked for ARC forms, process etc after living in a very strict one and just told to follow the written rules, very few, send in an email. Done and done. Told it was no problem. We spent months planning how we wanted to do our backyard, the pool and a nice fence....all by the singed rules. The fence is also similar to nearly a good dozen with in a view of our home. Also, there are estimation an day just as many inground much larger pools.

We are a week before ground breaking and the one man HOA calls us 15 mins before his end of shift saying we need to meet that our neighbor is complaining. Now, we respectfully went to every neighbor and told them our wishes. We even said we would stay more than allowed in on our property line and not encase our whole yard, which we are allowed to do both per the rules. We are not aiming for a large pool, no diving board etc. we have two special needs kids and many Dr. Recommendations. Public facilities are hard to manage with 2 special need kids and a Service Dog. We also consulted the county and disability agencies for a proper gate and lock. All of this adds up to a late pool coming in because we feel we have maintained our rights, stayed in laws by HOA and protected not only our children but other kids.

The complaint is our neighbor wanted the house next to us because the liked how it was open. They can see a clear path over into spaces beyond. Fences and such are eyesores. They bought this as their last home before assisted living and when they need to sell they would like not to drop in property value. Not to mention they made point blank sure they have the most expensive home here, I doubt.

We did not like being told by the one man HOA they had a valid point and we would discuss options on Monday sending us into the weekend with uneasy feelings. We went down to him at the model home. Lots were discussed but he was easily quick to defend the old couple instead of us who as homeowners did their homework, properly emailed as asked by him, following markers and rules set in our laws and clearly what the other homes are doing which we thought would be more eye appealing overall.

We explained it is our wishes to not be treated differently than any other neighbor and have the same rights as others. He seems not willing to budge based on the opinion of an old neighbor who does not want us to when it comes down to it utilize our back yard.

We have sat up all night upset and angered. We tried to speak with them last night. Let them know we are approachable. We were point blank told we would be an eyesore for messing up our yard and they would fight us.

Can an HOA deny us based on this? Can we be in the right, come this far, see others with the same then told no because of this? How should we handle this Monday?

Kim

You say you are not a member of the HOA. Could you explain that.

You also say you went down to the model home. This implies the declarant/builder is still in control. Is this the case?

Nee more info.

Thanks

I meant I am a home owner not the HOA board. When I signed up it asked what part I was so I thought I would clarify I was not on the board and their is no board.

Yes we have go ahead, np, stay with in the rules, do not fill out anything there is no formal process type phone conversations although we sent in an email describing anyway and told on the phone no issue.

He is the builder, inherited from his dad. He is the one man HOA choice maker. He did say face to face we would not have had a phone call late yesterday if they did not complain.

HTH

Which brings in the thought. If he back tracks and plays favorites to the older couple and denies us we have no formal process and unlikely to get anything in writing. He does not do that. Can we be denied when others have much larger and still building and such just because they do not want a house next to them with a pool and fence. We even agreed not to fence in the whole yard etc... No go. We are and were verbally approved per his process till the complaint yesterday. In his exact words, it would not be an issue had they not made it one. So now, we are exempt from the laws we signed 6 mths ago?

Thank you. This whole thing has just really upset me because we made sure to be the home owner to be nice, play by the rules and everything.

Sighhhh

If one has a pool then one MUST have a fence to protect the pool's access by children.

There are minimum code requirements for said fence.

Read and UNDERSTAND the restrictions stated in your Covenants and Restrictions.

All your answers will be found in said document.

if an above ground pool, the steps/ladder would be flippable or removable to allow the pool itself to act as the barrier (fence)

if an in ground pool, at least in HORRY County, fence would be required

If a member can invite a non-member to use the pool, the pool IS classified as a 'public pool'

There are differing requirements pertaining to the class (A-F) of said pool.

John & John you remind me of the old Certs commercials, it's a candy mint, it's a breath mint, it's two mints in one. So call it a fence or call it a barrier as long as it meets code, I don't care. Meanwhile this post is going off track from the OP's problem.

O.P.;



The restrictions and architectural approval process will be stated therein.

Well,

I'd take pictures of the other pools and fences. Compile them together and then go to the builder and simply explain:

You have rethought the issue. You are not asking for anything that has not already been approved to others or is in violation of the governing documents. As others have been approved, you expect to be approved. Remind him of the fact that you have already been given prior approval in response to your e-mails. Ask him to reconsider his position prior to denying something that has already been approved and is consistent with what others in the Association have had approved.

Then see what happens. If it's denied, check with an attorney for legal options.

Though that maybe true......I'm pretty sure all insurance companies have fence requirements for pools.

Gosh I feel sick...

He just left. Such a pita with round and round drama of nonsense. My husband was very professional. I took lots of notes which the builder/HOA guy kept rolling his eyes at. This is a one man team. We finally got to the core if the issue. Our neighbor says anything, yes anything in our yard would disrupt their use, view and enjoyment. Our view backs up to a sideways house with a fenced in lot but they are very close to the neighbors beside us. Great.

IMO, if you want a view buy a beach, lake or special view house. Yes these are nice homes with large lots but nothing more.

We did our stance, other homes, other pools etc... He actually again said if they had not complained he would not be handling us this way. He also said, which I had him repeat "everyone is treated uniquely and differently".

He saw my husbands notes, we stuck with just providing facts, photos, plans, etc... He was more in tune to giving in to the neighbor.

He got to the point where he said "if I give you the pool will you change the fence" his suggestions either did not meet county code or did not meet what we considered safe. Example a 4 foot wide slated, climb able fence. I am not sure it would pass either.

I finally said I wanted a pin point reason for the hassle he is putting us through. After lots of making THEM happy comments, etc he said they have the right to boarder their yard with a fence and tall trees but because he puts a plastic chair once in a while in his backyard we would mess with his use of his yard. We asked how, and to show us in the papers. He could not but said it was up to him to decide.

Fact is, favoritism, selective enforcement and we have zero rights to our back yard. We have nothing special. No woods, no nothing. A few houses down many homes have fences etc.

Our argument is our backyard is not their view. He took our papers and said he would give up an answer in a few days. It honestly does not sound like he wants to side with us and loves them.

We called an attorney, if there was anything special, even a beach there is no 'easement for view law' in SC never mind the other toes he is stepping on.

What kills me, to the point I have been physically sick for four days now is we have asked for nothing more, nothing less, we have stayed with in the laws, and done are county homework. At this point it is becoming more than personal and emotional.

He was tossing out a couple of farm like fences with those wide gaps. The main reason my husband did not say yes is because we already have a list of what the code ones the inspector would agree on. The doors have to close in ward, on their own, self lock and the lock has to be inside and no lower and not reachable at 52 inches or we get fined. Funny thing is, those were not even in the HOA ! We picked by what others had, the visual approved list we signed, and what fits our needs and will pass inspection. I don't want to be an exception.

Now, never mind meeting all codes. We are with in our written rights to have a 6 ft privacy, rod iron, etc. We started at 6 came down to 5. We are meeting not only the county codes, the HOA but our one child's Autism and his inability to climb, go under etc...

We feel we should not have to negotiate, be treated different, start with yes, then go to no, go to maybe if I possibly approve a fence no one else has and will not pass code or personal safety. All we want is what we signed for. Equal, fair, not because our neighbor does not want a home with a backyard with structures in it. Their opinion should not over ride our rights if signed the same paper. That is my husbands stance. I would think any paying HOA member would hope for the same.

Kimberly,

Send an arch. approval request to the 'registered agent' of the HOA.

Said agent can be found at: http://www.scsos.com/Search%20Business%20Filings

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

If you get the approval - yaaaaaay

If the letter is returned as undeliverable - yaaaaaay

If returned DO NOT OPEN, but keep

If denied in writing - ?court action may be required?

I assume you have read your covenants and restrictions !?

? No mention of pools and/or required fences ?

my CCRs state (paraphrased): if no answer (from committee) within 15 days, request is deemed approved

Should you decide to build after no response to certified mail ~ build EXACTLY, I repeat EXACTLY, as per the plans you sent with the request.

Never thought of this site. I clicked, said agent is same eye rolling arguing with us HOA one man builder who sat at our dining room table dismissing us, the laws and his own rules.

How would this be different?

We have read the rules till we can recite them, even long before buying here. They specifically mention the fence we want and only inground pools. Now you can do Wood, rod or vinyl. Thing is none are good enough for our yard because our neighbor simply does not want to have a neighbor with a pool or fence and we can go to the Y! Yes, we have been told that. We do not want to break rules, ask for exceptions or bother anyone. I homeschool my two kids. My husband works from home, we just like to be treated fair.

Someone asked about a legal battle. Do I want it, no. Do we believe we are with in our rights yes. It is a limbo game and very nonprofessional.

You Sir are amazing!

We have spoken to them and we were attacked like trash. His wife trashed the entire neighborhood for allowing backyard clutter. Their stance, it lowers home values. We ended up just going home. You can not reason or argue with stupid people. The minute it went from rights to personal attacks we were done. They were standing behind their complaint and said the HOA would fight for them.

Now, we did ask both the neighbor and the HOA what law would we be breaking.

Neighbor - our rule, that is enough and you should respect your neighbors.

Let's say that went as far as the breath she used.

HOA - we have the right to take complaints seriously. Every lot is treated uniquely and differently, which I had him repeat twice for me to document.

We asked him to show us yesterday in his HOA rules he can treat us different, play favorites, have this right over us, or play selective enforcer .... Nothing! We asked for things in writing from him, he keeps stalling. But he has no problem calling, coming by, causing headaches, verbally picking at us it seems.

Right now my husband is collecting info. The HOA is hopefully reviewing again. We know the favorite neighbors are out of town, our guess is this is hold up 3.

Play their game.

Contact them and say you will agree to change the fence to anything that meets county codes for pools.

As we get more into this Kimberly introduces home schooling and a child with disabilities. Tough love here, but I think Kimberly believes her way or the highway. I think she had an opening to get what she wanted but she was not willing to yield any.

Sorry to sound so harsh....but........

Kimberly, one caveat to all of the advice you've received so far. Be prepared to be at war with your neighbors until they move or pass on. Make sure you follow all of the CC&R's no matter how ridiculous you might find them, because as sure as God made little green apples, you leave your trashcan out on the curb an extra ten minutes, expect them to file a complaint.