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MelissaT (Arizona)
Posts: 1
Posted:
I've lived in my townhouse since 2008. At the end of 2009 I noticed other residents that had a Black metal/wood gate. I talk to the property manager- He told me I could put one in to, he even suggested asking the neighbors who they used. I did not get this is writing ( Now this is my problem) Hoa comes out and says they want every thing to look standard. We have to change our fence/gate into the approved gate. Is this fair? Shouldn't we have to Vote on this? One other thing is, we are a gated community, that does not shut the gate nearest my house. we live in the city near a heavy used street with people walking around all night. We love our fence because it's taller and we feel safe. is there any way to fight this change?

Thanks melissa
GenoS (Florida)
Posts: 4,276
Posted:
So you looked at what your neighbors had and put in something that was different? Having the property manager's recommendation in writing wouldn't mean much if you ignored what he said anyway.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MelissaT on 08/14/2015 1:14 PM

I did not get this is writing ( Now this is my problem)

Ok, so you are aware of the issue. The need for written approval vs. verbal approval.

Quote:
Posted By MelissaT on 08/14/2015 1:14 PM

Hoa comes out and says they want every thing to look standard. We have to change our fence/gate into the approved gate. Is this fair?

What is fair is subjective to the perception of the individual.
The HOA might say, is it fair for you to have an unapproved (again the lack of written approval) fence when others do not have unapproved fences?

Your neighbor might say is it fair for some to have a metal fence when they want wood?

Quote:
Posted By MelissaT on 08/14/2015 1:14 PM

Shouldn't we have to Vote on this?

You do vote on this. You voted to elect the Board of Directors who have the authority to adopt architectural guidelines.

You can also vote to remove and replace, or simply not reelect, those individuals who made the rule and put people in charge (perhaps you) who will change the rule back.

You can also gather support and, by voting, adopt an amendment to the governing documents to allow they type of fence/gate that you have/want.

I hope you are seeing the many ways you can have a vote on this issue.

Quote:
Posted By MelissaT on 08/14/2015 1:14 PM

One other thing is, we are a gated community, that does not shut the gate nearest my house. we live in the city near a heavy used street with people walking around all night. We love our fence because it's taller and we feel safe. is there any way to fight this change?

I'm unclear if you are discussing the community gate or your own fence when you ask about fighting this.

Regardless of which you are discussing, the answer is the same:

Become involved in the running of your Association so you can become part of the direct decision process on these issues.

Attend meetings and read past minutes of meetings to determine the reason why the community gate is left open and the reason why the standards are being changed. Then propose alternatives to address the issue vs. the solution the Board chose to use.

Gather support and amend the governing documents to directly address these issues.

I know that this may not be what you want to hear.
I hope it helps,

Tim

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