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KabbieM (Virginia)
Posts: 1
Posted:
1. Our HOA allows 5' non-privacy fence with 1" opening between slats. When the neighborhood was first built a 6' privacy fence was built on back of all houses on one side of the neighborhood. A homeowner has an approved 5' non-privacy fence but he now wants to change it to a 6' privacy fence based on this. Does he have a case?

2. Fence rules are for fences that can be seen from the street, right? Our HOA has nothing specific (no different criteria) for fences between backyards. So if this homeowner wants a 6' non-privacy fence between backyards and his neighbor is fine with it, then can he go ahead?

3. What if he keeps the 5' non-privacy where it is, and just behind it (within his yard) builds a 6' privacy fence? Will he have broken any rule- since can he pretty much do what he wants within his yard? Would this be equivalent to growing trees on the inside of his fence?
GlenL (Ohio)
Posts: 5,491
Posted:
#1 It depends on if the 5' NPF is a rule or a Covenant. If its a rule then the argument could be made but if it is a Covenant then his only recourse is to get enough of his neighbors to amend the Covenant.

#2 Again it depends on the exact language and where it is in the hierarchy of the documents but even if it is simply a rule, in most cases he would need the Board or ARC approval, not simply his neighbors.

#3 Creative try but IMHO a fence is still a fence even if its behind another fence. Advise the person to get his lawyer on the phone because I foresee expensive litigation in his future. Instead of a fence, perhaps a nice hedge instead?

Studies show that 5 out of 4 people have problems with fractions
LarryB13 (Arizona)
Posts: 4,099
Posted:
Kabbie,

Restrictions on fences, if you have any, should be stated in your CC&R's. It would help if you could quote the restrictions on fences.

You mentioned "fence rules." Boards of directors will sometimes exceed their authority and enact rules that create additional restrictions on how property is used. These rules may not be enforceable but an owner may have to pay through the nose to prove that they are unenforceable.

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