Invisible Fencing and Amending HOA Rules and Regs

Started by KathleenW6 • 2 replies • 1308 views

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KathleenW6 (Minnesota)
Posts: 1

Posted:

Our HOA currently prohibits the installation of Invisible Fencing however there is a process that could be pursued to amend the Declarations and Rules and Regulations. I am told by The Invisible Fence company that they have installed many in HOA's in our area. I would like to understand the objections and potential means to address these objections. It seems that the definitions of "Limited Common Elements" and "Lot" are critical as well as liability and accountability for same. Any language/guidance would be appreciated. Our HOA consists of 11, two home buildings- with significant "common area" in Minnesota.

Thank you in advance for any guidance.

CathyA3 (Ohio)
Posts: 6,299

Posted:

First the easy part: to amend your Declaration, you need to draft the amended restriction (usually lawyer work), have the membership vote on the amendment, and then record it if it passes. When we did it, it cost us roughly $1000 to draft one amendment plus a few hundred dollars to record it after it passed. Passage required a Yes vote from 75% of our membership (differs in other states).

As for why there may be an issue with invisible fences, you're likely correct that it hinges on the definition of common elements and if the fencing would be installed on them. The association wouldn't want the liability - a worker could damage the lines or be injured. What are your buildings like? Duplexes (side by side homes)? If they are stacked, with one home upstairs and one on the first floor, then the yard doesn't really belong to either unit.

Another issue is that a sufficiently determined dog isn't going to be stopped by an invisible fence. Most communities have restrictions saying that dogs must be on leashes when outside the home and under the owner's control. The fence wouldn't meet that requirement.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Another small issue is that most HOA's ban signs other than For Sale or For rent. Many people who have invisible fences either need to put up a sign identifying one or flags. So these 2 things may be considered a distraction or violation. It sounds kind of dumb I am sure. However, it's not unlike flying a garden flag. Where some may not allow those.

I have a neighbor that has an unmarked invisible fence. Walking my dogs by they bark at each other. At first did not know they had an invisible fence. Thought the dog may been loose. However, 1 time the dog escaped out of the fence. Decided to take the shocks. He came out and bit my dog on the butt!!! It was funny/sad at the same time. My dog was okay. After that, I still treated it like there wasn't a fence.

Former HOA President

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