HOA Fence

Our HOA in Indiana has the following restriction -" In no event may any fence be erected or maintained on any lot without the prior approval of the committee. It is the intent of this committee not to allow fences except for small privacy areas." There are about 60 homes in addition and approximately 7 of those homes have fenced in back yards. Some of the fences go up the side yard. In addition, one of the homes has a gated driveway which connects to a retaining wall. The committee says the fences were approved for pools and land drop off safety issues. Most of the fences are probably 15 years old. All of the fences are metal. We have submitted a proposal for a privacy area with a metal fence. The initial response was everything was fine with our proposal except for the fence. They say the metal fence will not provide privacy and have offered to allow us to put up wooden panels instead for privacy. They are not saying a wooden fence but just a free standing panel to provide privacy on the one side that faces the road. Our question is has a precedence been set on fences therefore negating the no fence policy? Also our covenant is silent on pools. When I asked why drop off areas required perimeter fence, there only response was they were approved by prior HOA committee. I sent a list of questions trying to understand why the various fences were approved. Their response to my questions was -"all the existing fences have been allowed when same questions were brought up by a previous resident who had to settle out of court when they installed a fence." I just don't understand the legal reason why the board can allow fences for pools and drop offs, but not allow a fence for an area specifically called out in the covenants. We are meeting with the board next week and would appreciate any advice or insight to our legal position

Thank you for the quick response. The language is in the covenants Article III Architectural and Use Restrictions. The privacy area we are proposing is replacing our existing 20 year old deck on the back of the house. We want to create a courtyard look/feel. We want to use vines on the 4 foot fence and other plantings to create privacy to keep an airy look. The area we are proposing a fence is 21X27. Our home sits on little over a half acres - so this is no where close to the property lines.

Many areas require a fence be installed around pools for safety reasons. It could be a county requirement. Especially around below ground pools. My neighbor has a pool in their backyard and they are not in a HOA. Believe we have to have atleast a 4 foot fence around pools. Our HOA pool had a 6 foot fence with a lock.

The same goes with areas with drop-offs. It would protect people from falling off or entering a dangerous area. So it does not seem unreasonable. It seems like it should be a requirement.

Not all fences are created equal. If your wanting privacy, then a wood or plastic fence should provide that. Which is what it sounds like your HOA is suggesting over a metal fence that may be open faced. I don't know why it's so important for you to have a metal fence over other materials. I have a privacy and a chain link fence combo in my yard. Much prefer the wooden privacy fence any day of the week over the metal.