ACC overriding Deeded CCR's

Started by CjB2 • 4 replies • 467 views

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CjB2 (Texas)
Posts: 10

Posted:

What are everyones thoughts on ACC denying fencing and or driveway items.

In my phase of the CCR's, we can have barb wire fences where the other phases cannot. Similar scenario in other phases for driveways.

The acc board, with upmost certainty is going to deny my requests. Since it does not follow the look and feel of the neighborhood even though these items.

What is the legal standing here and folks thoughts?

Thank you

CathyA3 (Ohio)
Posts: 6,299

Posted:

Just curious: do you know what the rationale is behind allowing the different fencing? Different rules are a good way to stir up conflict, so I hope the developer had some serious reason for it.

Another question: if your CC&Rs clearly state that you're allowed to have a barbed wire fence, is it necessary to get the ACC's approval? If so, it can't hurt to put your request in writing, citing the specific part of your CC&Rs that allow the fence and explaining why your request complies with them.

As for the ACC denying your request, it sounds as though the ACC would be out of line if they denied it, but what if they do? In your position I'd be asking myself how far I'd be willing to go in order to have that fence. Is the fence so important to me that I'd be willing to file a lawsuit and abide by whatever happens? Based on what you've said, your CC&Rs support your position, but lawsuits can be a crap shoot. If you're not willing to go so far as a filing a lawsuit, are you willing to live with any possible bad feelings or neighbor-to-neighbor conflict that may result? Not saying that these things will happen, just that sometimes things can blow up into controversies where the original purpose gets lost.

At any rate, deciding ahead of time what my limitations are often helps me figure out what I want to do.

If you do go ahead with your request and are denied, please update us on what happened.

BenA2 (Texas)
Posts: 1,273

Posted:

It sounds like they are treading on dangerous ground. If it were me, I would request to know the specific CCR that would make it a violation (although the denial should specify that without you asking).

If it complies with the CCRs, they can't prohibit it and I think you would be within your rights to install it if they deny the request.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

CjB2,

You have not presented enough information for us to evaluate.

You HOA may indeed be able to deny your request - can’t tell without seeing excerpts regarding these items.

If you feel strongly, do what you want, and see if they file suit against you ... could be expensive, but you might win, right?

What specifically are your fence and driveway issues that would warrant the loss of so much time and money in court?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hmmm ... appears you are making an assumption when you state: “The acc board, with upmost certainty is going to deny my requests.”

You need to just make your request and be sure to supply the verbiage from your CCR’s noting your rights to what you have requested. AND ... I would recommend sending your letter via “Certified Return Receipt” and when you get the signed card back staple it to your copy of the letter sent. When your ACC has to sign for your letter making your request they will know you are tracking them and will be more careful in how they respond.

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