fence for some but not others

Started by TracyS5 • 9 replies • 500 views

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TracyS5 (Delaware)
Posts: 3

Posted:

In Delaware, is it legal for an HOA to say 1 house can have a 6 foot privacy fence but others cannot? They are saying because it's in the front of the development it is ok, but everyone else can only have up to 4 foot picket fences.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

I don’t know.

What do your governing documents say?

TracyS5 (Delaware)
Posts: 3

Posted:

No chain link and must be approved. But I don’t know if it’s legal for the board to approve for one homeowner but not another.

KerryL1 (California)
Posts: 14,550

Posted:

It's probably not about state law, but about, as George says, your governing documents. Usually you will find this info in your covenants (AKA, CC&Rs, Restrictions, Declaration) Or there might be architectural guidelines. Read those and report back to us.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is anyone going to go to jail over it being "Not legal"? No. It's approved and unapproved in a HOA.

Not every yard or situation created equal. The location or conditions of the land can dictate what kind of fence fits best. This situation the home is at the front entrance area. I can imagine that cars turning in and out of the complex at night can be bothersome to the owner. Think about that. Would a 4 foot picket be helpful or necessary in this situation.

Find out the conditions of why this is being requested before through "Legal" terms around. Would you like the option of a privacy fence to block headlights or noise if your in the noisiest or brightest area?

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MelissaP1 on 12/05/2020 4:47 AM
Is anyone going to go to jail over it being "Not legal"? No. It's approved and unapproved in a HOA.

Not every yard or situation created equal. The location or conditions of the land can dictate what kind of fence fits best. This situation the home is at the front entrance area. I can imagine that cars turning in and out of the complex at night can be bothersome to the owner. Think about that. Would a 4 foot picket be helpful or necessary in this situation.

Find out the conditions of why this is being requested before through "Legal" terms around. Would you like the option of a privacy fence to block headlights or noise if your in the noisiest or brightest area?

Well said.

TracyS5 (Delaware)
Posts: 3

Posted:

I verified with the HOA company and they state there are not specific written rules. Only “no chain link and must be approved.” The covenants don’t say anything else. The issue is some are approved for a 6ft privacy and others are told no higher than 4 ft and must be white, picket. I know no one is going to jail, but they are talking about taking them to court to get it torn down, which would be thousands in the drain.

AugustinD
Posts: 5,144

Posted:

Giving an intelligent response is impossible unless the OP quotes verbatim what the covenants say; what the rules and regulations say; and what practice at the HOA has been.

If the OP does not know the legal difference between covenants and rules and regulations, then this is the first issue that needs to be cleared up.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Tracy,

We need exact excerpted quotes from your CCRs, architectural docs and rules and regs, if applicable.

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