Fence ordinance in South Carolina

Started by RR3 • 8 replies • 943 views

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RR3 (Texas)
Posts: 40

Posted:

Our CCR's state fences must be 4 feet in height and the rules and reg's state 5 feet which are a contradiction of CCR's. The developer controlled board has turned over the community to the homeowner board. I asked the management company where is the official amendment of the CCR's to change the rule to 5 feet? He had no clue and was checking with the county to see what was filed and I assume nothing. Anyway, will these rules and regulations fly with homeowners who previously had 4-foot fences? What do we do as a board in this scenario outside of getting an amendment vote of the community? New homeowners are now requesting 5-foot fences. what do we do?

CjS (Maryland)
Posts: 21

Posted:

Does the county rule state that fences must be 5 feet or no more than 5 feet. If the county says no more than 5 feet, there is no problem with your HOA saying they must be no more than 4 feet. You may be more restrictive as long as this is spelled out in your documents.

RR3 (Texas)
Posts: 40

Posted:

The county has no ordinance on fences. The developer changed the rules and regs to 5 feet and the CCRs say 4. What do we enforce?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By RR3 on 04/25/2017 7:25 AM
The county has no ordinance on fences. The developer changed the rules and regs to 5 feet and the CCRs say 4. What do we enforce?

When there is a conflict, the higher precedent document needs to be complied with.
However, if there are already 5 foot fences that were approved, then there are other considerations.

Would it be better to amend the CC&RS or better to enforce the CC&Rs as written?

Amending is the toughest but probably the best solution.

Enforcing may require expense and compromise as the owners were dealing in good faith when they received approval for the 5 foot fence and would be entitled to damages if the Board now tried to enforce a 4 foot standard on them.

RR3 (Texas)
Posts: 40

Posted:

I agree the CCR's will have to be amended to comply. It seems like the only real solution and I appreciate the response on this. So going forward any fences we approve will have to be 4 feet to comply with CCR's. The rules and regs will have to be changed as to not be in conflict as well.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

RR

Might the developer have, when he had control, changed the Covenants to five feet fences and did not register the change? In SC a Covenant change can be recorded once as opposed to having to be recorded against each deed.

RR3 (Texas)
Posts: 40

Posted:

That is possible and I've asked but the management company is scrambling and doesn't have this information. I will see what they come up with.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RR3 on 04/25/2017 7:42 AM
I agree the CCR's will have to be amended to comply. It seems like the only real solution and I appreciate the response on this. So going forward any fences we approve will have to be 4 feet to comply with CCR's. The rules and regs will have to be changed as to not be in conflict as well.

Yes ... Or the CCR's need to be amended to allow 5 foot fences if that is what majority of owner's would prefer. Your CCR's is the document which will hold up in a court of law binding owners and attached to the property titles. Rules and Regulations are items determined by the Board without membership vote; therefore, if they violate CCR's or are not reasonable, if challenged will most likely loose in a court battle.

RR3 (Texas)
Posts: 40

Posted:

YEs, sir, you are correct. Those docs should never be in conflict with each other. Thank you, everyone, for the assist with this.

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