Different fence and landscaping rules for different locations

We are a very new community, about halfway into a 650 planned site, still under developer control. The current ARC regulations specify no fence or boundary line hedges can be taller than four feet, and the only fences allowed are white, vinyl, split rail.

We have a new section being built, and the homes' back yards face a fairly well traveled highway. Some of the new residents have asked that our rules allow them to build privacy fences and tall hedge rows to create both a sound and sight barrier to that road.

My opinion is that we can easily specify the lots to which such an exception would apply, and that our residents would be fine with it. Further, since the purpose of an HOA is to improve our quality of life, this would absolutely be in our best interest. But our property manager and members of the ARC insist it can't be done, because you can't make rules that apply only to certain areas. Having lived on a golf course community where homes on the golf course had different requirements than homes that don't face the golf course, I don't believe that is the case. I think we can absolutely have a different set of landscaping rules for a specific set of homes for a specific stated reason.

Am I off base here?

(Possibly relevant background information. Our Declarations were not thoughtfully put together, so these rules don't represent some grand philosophy of the planned community. The developer's law firm basically just copied them from another community and did a search and replace of the community's name. In a couple of places they even missed it, and we have forms that refer to the wrong community name. So nobody is emotionally attached to the rules as they are.)

David

It is not uncommon to have different fences rules/guidelines depending on the home's location. Corner lots are usually one major difference especially when a driver visibility issue. Pond/water view fences are often different so as not to block the view. Homes backing up to commercial property, streets, woods, etc. usually have different guidelines typically allowing higher, privacy type fences.

As others have said, if the restriction is in the covenants, the covenants must be amended.

If the restriction is in guideline, previously adopted by the board, then the board can change it.
Typically, the committee can only make recommendations to the board to change the guidelines.

Contrary to your stated perceived purpose (an HOA is to improve the quality of life) the only spelled out purpose of an HOA is to maintain the common area, the common elements and to provide any services outlined in the governing documents. The HOA, like any owner, also has the authority to enforce the covenants.