Opinion on Contradicting Rule

Quote:

Posted By n/a on 12/19/2020 9:20 AM
Scenerio: A rural neighborhood of about 25 homes that has an HOA. Lots are just over an acre each. One street where each lot faces a very large lake for which most all have docks. The entire shoreline along the lake has anywhere from between 10-30 feet of an environmentally protected area that is a swampy barrier between the water and the maintained lawns that is filled with anything from cattails to cypress trees. Being rural, some properties still have some wooded areas to them. Because this is rural, there is septic and well. Most homes have in the rear of the property have either sheds to enclose the well and filtration equipment, or simply a wooded fence to enclose the equipment. Whereas what a homeowner does in their front yard needs approval from the architectural committee, it is an unwritten and oral rule that what you do in your rear yard as far as landscaping is up to the homeowner. You can plant trees and other screening plants all the way to the lake. No problem. There's no rule to what part of the property you can erect a structure to enclose your well.

If you were on a committee and were asked by a homeowner for approval to install a 4 foot black ornamental aluminum fence, the type that you can see through, that would go down a lot line between that homeowner and their neighbor, ending where the environmental barrier begins, what kind of fair ruling would you expect? Our CCR appears to contradict itself when it comes to fences. I've attached a screen shot. Many of the homeowners currently have this very type of fence, but they are more dog runs that are closer to their homes.

Thanks!