AlyS (Tennessee)
Posts: 6
Posts: 6
Posted:
I've searched this topic. Posts related to my question are dated so thanks in advance for any advice.
There's a homeowner in our HOA who purchased an adjoining lot. His home is on a corner facing NE and the adjacent lot is in a culdesac so any structure built on the vacant lot would have to face SE.
He requested to fence the lot and his back yard together. The ARC and the President of the board approved the request with no conditions. I had brought it up that, since fences must begin at the rear of a structure, having this fence going across the front of the vacant lot would not be acceptable, even if there is no structure. He is a celebrity which may be the reason for the lenience but I digress.
The homeowner now wishes to merge his two lots before listing it on the market. His Real Estate agent told our management company that the homeowner's attorney told him that he has the right. I can only assume that he wants to merge them so he can sell it with only one HOA fee. I know that the lots cannot be merged or, at least the association fees cannot be reduced to one fee because the number of lots were considered in assessment of fees per lot. However; I don't have specifics in our Charter or Declaration. I will upload a page in which I copied a few paragraphs that may be pertinent.
What I want to know is if this type of request must be presented to the ARC or to the board and if it can be voted on by the board. And, if the fence was approved without conditions, can the board go back and require that the fence now be removed from the second lot, assuming that we are able to reject the request to merge the lots.
Again, I appreciate any written evidence I can provide whether it be in our HOA docs or Tennessee HOA law to support the board's declination of this request. I hope I'm on the right track with my attached doc that includes smatterings of the HOA docs. There is no definition of lot that I can find.
There's a homeowner in our HOA who purchased an adjoining lot. His home is on a corner facing NE and the adjacent lot is in a culdesac so any structure built on the vacant lot would have to face SE.
He requested to fence the lot and his back yard together. The ARC and the President of the board approved the request with no conditions. I had brought it up that, since fences must begin at the rear of a structure, having this fence going across the front of the vacant lot would not be acceptable, even if there is no structure. He is a celebrity which may be the reason for the lenience but I digress.
The homeowner now wishes to merge his two lots before listing it on the market. His Real Estate agent told our management company that the homeowner's attorney told him that he has the right. I can only assume that he wants to merge them so he can sell it with only one HOA fee. I know that the lots cannot be merged or, at least the association fees cannot be reduced to one fee because the number of lots were considered in assessment of fees per lot. However; I don't have specifics in our Charter or Declaration. I will upload a page in which I copied a few paragraphs that may be pertinent.
What I want to know is if this type of request must be presented to the ARC or to the board and if it can be voted on by the board. And, if the fence was approved without conditions, can the board go back and require that the fence now be removed from the second lot, assuming that we are able to reject the request to merge the lots.
Again, I appreciate any written evidence I can provide whether it be in our HOA docs or Tennessee HOA law to support the board's declination of this request. I hope I'm on the right track with my attached doc that includes smatterings of the HOA docs. There is no definition of lot that I can find.
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