Deed Restrictions Vs. Developer

Hello all,

I'm new to the forum, I'm having some issues with a home I am currently in a purchase contract with the builder. I reviewed all the deed restrictions that were provided to me before entering in to the purchase contract. The builder is installing a "ranch style fence" and when I looked at the deed restrictions there was nothing stating it must be that style of fencing. I inquired with the builder if it would be okay for me to install a privacy fence at my own expense after moving in to the home. The builder told me that the developer who is the "president" of the "HOA" says that no privacy fencing will be allowed and only "ranch style" fencing would be allowed. I reminded them that the deed restrictions do not stated this and they only state the fence must be made of brick or wood and no taller than 8' and no less than 4'. My wife and I love this home and the location but we are jaded on the "ranch style" fencing and not sure what to do here. I am including the specific text from the deed restrictions and a picture of the fence.

I tried attaching the files but it says incorrect/too large so it won't let me.

Here is an excerpt from the deed restrictions, there is technically not an HOA yet so the developer is still in control, however if the biggest thing he wanted in the community was ranch style fencing that should have been included and also told to all potential buyers.

C. ANTENNAS
All antennas, video discs, satellite receivers (including without limitation radio or
television transmitting or receiving antennas) shall be installed so that no antenna, dises, etc. are
visible from any street or common area.
D. FENCES, WALKS AND HEDGES
No fence or wall of any character shall be erected nearer than the front
building line and no fence or wall shall exceed 6 feet in height. The only acceptable fence materials
(1)
shall be brick or wood.
(2)
No hedge of more than 6 feet in height shall be permitted in front of any
dwelling
(3)
All fences and walls shall comply with all applicable Laws.
(4)
Unless otherwise approved by the ACC, no fence, wall or hedge will be
erected or maintained on any lot nearer to the street than the front elevation of the residence
constructed on the lot, except for fences erected in conjunction with the model homes or sales
offices. The ACC will have the sole discretion to determine the front elevation of the residence for
the purpose of this Section. No chain-link, metal, vinyl or agricultural fences may be installed or
maintained on a lot, except by Declarant. No fence shall be less than four (4) feet in height or be
greater than eight (8) feet in height, unless installed by Declarant or required by applicable Law.
If required by the Plat, the Owner of each lot shall construct, at such Owner's sole cost and expense
and prior to occupying any improvement, a sidewalk on such Owner's lot, located and designed in
conformance with the Plat. Each Owner must maintain all fences on such Owner's lot in good
condition, including but not limited to periodically restaining all fences on such Owner's lot using
stain substantially similar to the stain applied to the fences as originally constructed (if any), as
determined by the ACC. Any broken rails, fallen or leaning posts must be repaired or replaced. In
the event that a fence on an Owner's lot is replaced, the Owner is responsible for staining the new
fence with stain substantially similar to the stain applied to the fences as originally constructed (if
any), as determined by the ACC.
E. LANDSCAPING
Grasses and weeds growing on any front, side or rear yard of a lot shall be
(1)
cut or mowed at such intervals as to maintain front, side, or rear, of not more than six inches (6")
above the sod thereunder. Until a dwelling is built on a lot, the Declarant, or its duly authorized
agents or assigns, may, at its option, cut such grasses and weeds to meet this covenant and may
have dead trees, shrubs, and plants removed from the lot and the owner of said lot shall be held,
by the acceptance of a deed thereto, to be obligated to pay and reimburse it, its duly authorized
agents or assigns for the cost thus incurred.

I didn't see the picture you included, so I don't understand something: what does your privacy fence give you that a 6-foot tall brick wall would not? This may tell us what the developer is objecting to.

It's not a brick fence, it's a 3 post ranch style fence....barely a fence.

It's not brick, it's a 3 post ranch style fence with hog panel nailed to it.

I don't have a problem with what he wants, I had a problem with being told one thing by the builders, mgmt company, then being told another by the developer after the “sale” and even after reading the deed restrictions he basically backtracked and now they are supposedly filing an amendment on the restrictions. Which is fine, they won’t get my money.

HOA's often have "Themes". Our "Theme" was a New England fishing village. So it was full of muted colors and no front yard fences. It sounds like your "Theme" is Western Ranch. So a privacy fence does not fit into the "feel" or "theme" the developer is going for. It is about consistency in a HOA. Your home will stick out like a sore thumb if you have a fence no one else has.

Honestly does no one read before commenting?? There are no other properties.... There is no look, it’s a brand new community. There are also no fences currently except temporary Again I don’t have a problem with the look, I have a problem with being told one thing by the BUILDER and reading what the builder told me in the restrictions just to be told no that’s not true and all the sudden now after I am in contract they are amending the restrictions.

Sorry ...my post should have related to your unwillingness to accept the “planned look.”

And, again, buy the property and build the fence to match the “planned look” ... or, get the “planned look” changed ... or, don’t buy the property.