MilesS (Indiana)
Posts: 6
Posts: 6
Posted:
I am on a pond property. The back of my home overlooks a retention pond (Very small and not that pleasing looking. I chose this lot because I liked the idea of not having any direct neighbors building behind me.
I went though the HOA approval process for a privacy fence. I gave details on my fence as follows: "180 foot liner fence, 5ft fencing with one foot dog ear deconstruction on the side sloping down on the last 5 foot of fence to connect to the 4 foot section in the back with dog ears to match the whole fence.
The fence will come up 5 foot on the side of my home and extend out 8 foot on the right and 6 foot on the left side. The fence is not prefabricated sections. It's all wooden individual dog eared pickets that are 5 foot with a 1 foot dog ear decoration on top (6 foot in total height). They will than cut the pickets down to 4 foot in total height for the back sloping it down on the sides to make it more ascetically pleasing."
I also made sure that my fence was 20 foot distance from the end of my property line in the back and more than 25 foot away from the pond.
I included all the brochures on how the fence would look and even a map I drew with the fence location.
I was approved for the fence! I have the signed approval for my records!
The issue now is my neighbors. During construction of my fence they called the HOA on me (While I am out of town for work). An HOA official come out and halted construction for two hours. My wife was upset calling me and I talked to the HOA official and told them we had approval. My neighbors complained I was obstructing their view of the retention pond.
The HOA official was nice, but you can understand how irritated I was being we had approval. It took a few hours for my wife to find the letter in my saved E-mail box (I printed it out now). He said he didn't see an issue nor how I was obstructing their view of the pond. He allowed for construction to continue after he saw the letter.
Now I was thinking I am in the right on everything I had done. I went back to re-read the HOA bylaws. Turns out, I can see the issue. I thought the fence couldn't extend 10 feet past the back of my home (I only went 5 foot past the back). While I am correct, it also says on a pond lot the 6 foot section of the fence can't go further than 10 past the back of my home where it has to be 4 foot in height after.
My question is. Being I found out I was wrong, does it matter? I got approval and the HOA Official even came out and approved the project after the neighbors complained. While I see my mistake and even reached out to the fence contractor to see how much it would cost to fix that mistake, I don't have the money right now to fix it. I want to be a good neighbor, but when I tried to talk to my neighbor they really
cheesed me! They told me "We paid a premium for this lot ($750 extra, I paid it as well) and I should be able to see the lake without obstruction. We were told we couldn't have a privacy fence". I also had the door slammed in my face! I am upset by this more than I should be, being I don't say anything about their dogs not being on leashes and peeing in my front lawn. Their German Shepard always came into my back yard while my kids would be out playing (main reason I built the fence). They would always walk across my yard to get somewhere and I didn't say a word!
Being the HOA board approved my fence, do I have anything to worry about? I attached the bylaw for you all to see! I also attached the drawing I sent in showing the 6ft sides and how far they would extend.
Thanks for your advice.
I went though the HOA approval process for a privacy fence. I gave details on my fence as follows: "180 foot liner fence, 5ft fencing with one foot dog ear deconstruction on the side sloping down on the last 5 foot of fence to connect to the 4 foot section in the back with dog ears to match the whole fence.
The fence will come up 5 foot on the side of my home and extend out 8 foot on the right and 6 foot on the left side. The fence is not prefabricated sections. It's all wooden individual dog eared pickets that are 5 foot with a 1 foot dog ear decoration on top (6 foot in total height). They will than cut the pickets down to 4 foot in total height for the back sloping it down on the sides to make it more ascetically pleasing."
I also made sure that my fence was 20 foot distance from the end of my property line in the back and more than 25 foot away from the pond.
I included all the brochures on how the fence would look and even a map I drew with the fence location.
I was approved for the fence! I have the signed approval for my records!
The issue now is my neighbors. During construction of my fence they called the HOA on me (While I am out of town for work). An HOA official come out and halted construction for two hours. My wife was upset calling me and I talked to the HOA official and told them we had approval. My neighbors complained I was obstructing their view of the retention pond.
The HOA official was nice, but you can understand how irritated I was being we had approval. It took a few hours for my wife to find the letter in my saved E-mail box (I printed it out now). He said he didn't see an issue nor how I was obstructing their view of the pond. He allowed for construction to continue after he saw the letter.
Now I was thinking I am in the right on everything I had done. I went back to re-read the HOA bylaws. Turns out, I can see the issue. I thought the fence couldn't extend 10 feet past the back of my home (I only went 5 foot past the back). While I am correct, it also says on a pond lot the 6 foot section of the fence can't go further than 10 past the back of my home where it has to be 4 foot in height after.
My question is. Being I found out I was wrong, does it matter? I got approval and the HOA Official even came out and approved the project after the neighbors complained. While I see my mistake and even reached out to the fence contractor to see how much it would cost to fix that mistake, I don't have the money right now to fix it. I want to be a good neighbor, but when I tried to talk to my neighbor they really
cheesed me! They told me "We paid a premium for this lot ($750 extra, I paid it as well) and I should be able to see the lake without obstruction. We were told we couldn't have a privacy fence". I also had the door slammed in my face! I am upset by this more than I should be, being I don't say anything about their dogs not being on leashes and peeing in my front lawn. Their German Shepard always came into my back yard while my kids would be out playing (main reason I built the fence). They would always walk across my yard to get somewhere and I didn't say a word!
Being the HOA board approved my fence, do I have anything to worry about? I attached the bylaw for you all to see! I also attached the drawing I sent in showing the 6ft sides and how far they would extend.
Thanks for your advice.