DerekD1 (Florida)
Posts: 4
Posts: 4
Posted:
We had a new neighbor move in a year ago and put up a 4’ chainlink fence, he was told he had to put it 5’ in from his property line if he wanted to do chainlink because bushes were required on the outside of the fence so it could not be seen. He submitted his plans anyways with 1’ from property line. The lady on the arb was on vacation at the time and the cc&r states if you don’t not get a response in 30 days it is approved. So it did. Months later he built a pool, tiki hut in the rear of his property and a fire pit in the rear of his property. All were approved by default. We were not notified or asked our opinion of any of it. He is now on the arb. We submitted for a 6’ vinyl fence, and I have been told by him a few times now that he likes to be able to see the other yards around him, and he doesn’t think vinyl fences are allowed and tried to say it was a stockade fence(it has been confirmed that this was not true).
Our neighbor on the corner lot installed a 6’ vinyl fence a little over a year ago and they are telling me that because he was on the corner lot he was approved for a 6’ fence.
The cc&r on fences don’t cover much and does not say 5’ max height for the fence that is what is on record with our county from 2015. The arb manual is from 1992 and not on record with the county. The arb manual states 5’ max height.
My question is can the hoa enforce a rule that is in a arb document but not in the cc&r that is on record with the county. And can pick and chose when they enforce these guidelines, such as approval for our neighbor down the street but not us. Since our new neighbor has put in a pool,tiki hut in the back of his property, and a fire pit which were approved by default and no response from the arb at the time. We no longer have any privacy in our kitchen, kitchen bar, or living room because of the location of the fire pit and tiki bar.
Our neighbor on the corner lot installed a 6’ vinyl fence a little over a year ago and they are telling me that because he was on the corner lot he was approved for a 6’ fence.
The cc&r on fences don’t cover much and does not say 5’ max height for the fence that is what is on record with our county from 2015. The arb manual is from 1992 and not on record with the county. The arb manual states 5’ max height.
My question is can the hoa enforce a rule that is in a arb document but not in the cc&r that is on record with the county. And can pick and chose when they enforce these guidelines, such as approval for our neighbor down the street but not us. Since our new neighbor has put in a pool,tiki hut in the back of his property, and a fire pit which were approved by default and no response from the arb at the time. We no longer have any privacy in our kitchen, kitchen bar, or living room because of the location of the fire pit and tiki bar.