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HOA approval

Started by JohnS116 • 22 replies • 791 views

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JohnS116 (Florida)
Posts: 8
Posted:
Long story short. I submitted an ARC to my HOA management team and was given an approval. However, the ARC was very vague and I had the fence company install per these guidelines provided below. The HOA management liaison stopped by to do a final inspection today and informed us the fence was incorrectly installed. The survey sketch highlighted the fence 10ft from the front of my home and the liaision said the fence was to be installed at the back corner of my home to my property line.

These are the guidelines provided in an email from the liaison. These are the guidelines we followed although the guidelines we received upon move in were different.

"Please confirm you understand the guidelines below:

Location: Interior Lots. A perimeter fence for an interior lot may
extend from a point 10’ – 0” behind the façade of a structure to the
side property line on each side and, thereafter, to and across the
rear property line. If part of the front face if the house is set
deeper, the minimum setback is 5’ on that particular side.

Perimeter fences shall be 6’-0” in height, except: On
waterfront lots, fences shall be four feet high across the rear
property line and shall transition from six feet high alongside
property lines to four feet in height along rear property line.
Transition will begin in the last ten to sixteen feet of the side
fences (as it approaches the rear property line). Support poles,
columns and gates may exceed the height limitations by not more than
one (1) foot.

Design. Perimeter fences shall conform to a standard design, finish,
color, height, post and gate details as provided in this section.
Fences shall be 2 types: all vinyl white T&G (tongue and groove); or
ONLY on lots abutting bodies of water or conservation areas, shall
install open- picket 3-rail in black aluminum. The finished side of
the fence must face the adjoining lots or any abutting right-of-way.
Each fence must have a minimum of one 4’ gate. There is no fencing
permitted in a rear drainage easement. Drainage easements on the side
of a home may be approved on a case-by-case basis."
SheliaH (Indiana)
Posts: 6,964
Posted:
And your question is what? If they've saying the fence was installed incorrectly, send them a letter showing what you received at move-in, the approval letter and perhaps a statement from your contractor explaining what they did. If you did everything based on what you were told, it seems to me they should let it slide. It could be fixed when you or the new owner replace the fence someday. Otherwise,they should fix it The way they want at their expense.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnS116 (Florida)
Posts: 8
Posted:
This is a new experience. I've never lived in a HOA community. So I have no knowledge how the process works. I wasn't sure if I had to just do what they said and correct the fence on my dime after I already paid $4k for installation. I planned on going to see a lawyer but maybe that's jumping the gun.
SamE2 (New Jersey)
Posts: 310
Posted:
I'm not sure I understand your post. Was the fence installed according to the sketch? Was it installed according to the guidelines? If it was I would ask the HOA what you did wrong.
JohnS116 (Florida)
Posts: 8
Posted:
The fence was installed according to the sketch, which I attached below. I received an email from HOA including a set of guidelines "location: Interior Lots. A perimeter fence for an interior lot may extend from a point 10’ – 0” behind the façade of a structure to the side property line on each side and, thereafter, to and across the rear property line. If part of the front face if the house is set deeper, the minimum setback is 5’ on that particular side."
The fence was installed according to the above.

The Architectural Guidelines are different and suggest the fence " are set off the back corner of the home only, no fencing is allowed forward of the back corner of the home."

This is a new community and we are the only residents that have installed a fence. Only one other person lives in the community.
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JohnS116 (Florida)
Posts: 8
Posted:
The fence should not enclose the sides of my home and are required to stop at the back corner. HOA wants me to contact the vendor and have them fix it. I don't have the money to fix it and I'm not sure if I should be required to cover the expenses after getting the sketches I provided approved.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
John,

Sounds like it is time to work with the HOA ... talk a bit more.

You mentioned lawyering up, previously, but then said you don’t have money to fix the fence?
JohnS116 (Florida)
Posts: 8
Posted:
I don't think anyone has money to fix someone else's mistake. If I provided the wrong information to the vendor, yes, I will repair the fence.

HOA wanted none of my explanations. There is no board simply the developer and the liaison.
SamE2 (New Jersey)
Posts: 310
Posted:
If I had the approval, hopefully in writing, I would say it is the HOA's problem. If you let the HOA modify it at their expense I would also require them to reimburse me for the cost of having the fence installed since it would be significantly less useful to you. This mistake should not cost you anything.
JohnS116 (Florida)
Posts: 8
Posted:
I have the string of emails and the approval. HOA is saying the application was approved but she never received the sketch.
Why would anyone approve an alteration application without a sketch? Its baffling. I have a consultation with an attorney on Monday.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
What's the difference in estimated costs between lawyering up and fixing the fence?
SamE2 (New Jersey)
Posts: 310
Posted:
Even without the sketch you said the fence was installed according to the guidelines you received with the approval. If that is true it was clearly a mistake by the HOA and should be fixed at their expense and you should be made whole for the money you spent.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If the vendor did it wrong, then why can't they fix it?
Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Sam,

Your answer might be a bit too binary.
JohnS116 (Florida)
Posts: 8
Posted:
I would be losing $2,500 for the fence that was installed. An additional $1,200 will have to be paid to the vendor to correct the issue.

Monday, I'll find out what the lawyer is requesting. I'm expecting it to exceed the $1,200 to remedy the issue. Therefore, I'll correct the issue myself.
JohnS116 (Florida)
Posts: 8
Posted:
The vendor did it per the guidelines I provided. Thise guidelines were emailed to me from the HOA management company.
SamE2 (New Jersey)
Posts: 310
Posted:
I'm not from Florida. What are the rules regarding fines and disputing issues in Florida in HOAs. Doesn't the HOA have to offer some type of hearing? What documentation has the HOA sent you regarding having to modify the fence? I would not hire an attorney but after I received written communication from them telling me the fence had to be modified, I would send a letter telling them I had approval to install the fence and it was installed according to guidelines received with the approval. If what you say is true someone from the HOA made a mistake and you should not have to make it right at your expense.
JadeB (Texas)
Posts: 5
Posted:
how much are you charged for housing and communal services?
JadeB (Texas)
Posts: 5
Posted:
how much are you charged for housing and communal services?
JadeB (Texas)
Posts: 5
Posted:
how much are you charged for housing and communal services?
JadeB (Texas)
Posts: 5
Posted:
how much are you charged for housing and communal services?
ND (PA)
Posts: 792
Posted:
JohnS,

Unfortunately, your fence sketches are inaccurate, so with the info you've provided, I can't tell if your fence is actually on your property or in compliance with your guidelines. Further, I'm confused about the guideline references to rear drainage easement and different types of permitted fencing to understand if what you installed is permitted or not (appears you have a rear drainage easement and you've installed two different types of fencing).

Take a closer look at the images you attached.

The bold rectangle (with circled corners) is your property (lot) line and the thinner interior house-shaped line is your house as it is situated on your property. Other lines in there with arrows on one or both ends show dimensions. On each drawing, you have actually drawn the fence outside of your property. However, the dimensions appear to make it possible that the fence actually is on your property.

If your fence actually starts 10' back from your front facade, comes out from your house 5' on each side, goes down your side property lines exactly 75' and then connect at the rear 50' length, then your fence does appear to exist on your property.

All that said, my read of your guidelines is that if those two 5' fence panels (one with gate) are 10' behind the front façade of your house, then you are in compliance. I don't see a requirement for you to start the fence at the rear corner.

JadeB (Texas)
Posts: 5
Posted:
https://forum.thefreedictionary.com/postst187123_Are--procurator----prosecutor----public-prosecutor---attorney-general----solicitor-general--similar.aspx

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