Fencing along property line

MarkK24 (Alabama)
Posts: 16

Posted:

I live in a golfing community here in Alabama and we had our home built last year. We like the community and the people in it. I have asked the ARC if we could install a fence along our property line. Covenant rules state 10ft back from the pins. I submitted for an exception which has been done 3 other times for others. Our home was built beyond the MBL (minimum build line) without our knowledge and set further back than all other homes here. This puts our home at 31ft from the OB stakes. Adding a fence with the 10ft setback reduces this to 21ft. I am looking for advice on how to address this with the ARC members from my side of the situation. Does the acceptance of others fencing on the lot line negate the covenant? What is the legal status of the covenant once broken. The covenant was originally 40ft setback and changed to 10ft.

Due to the house build pushed back on the property we have an over abundance of golfers extremely close to our home looking for golf balls, peeing on the tree, and belligerent when entering our property.
There is no easement for access to search for the ball in the covenants.
Average numbers of players looking for the ball is 5 - 15 a day.
Rule 18 for the USGA states a ball hit OB is unplayable. There is no 3 min rule to look.
OB stakes have been placed right at homeowners pins or inside their property line.
I have asked the Pro shop manager to help with no luck.
We had to call the sheriff to slow the number of people threatening us when asked to leave our property.

So with that said and an explanation of what we are dealing with, what are our options for a fence?

Thanks,

Mark

SheliaH (Indiana)
Posts: 6,964

Posted:

Have you tried explaining this to the ARC AND the Board? Usually the Board has the authority to sign off on an ARC recommendation or override it altogether, so read your documents to see how that works. If you have any copies of police reports relating to the obnoxious golfers, make copies as well (unfortunately, the USGA rules don't mean squat, as you've seen). I hope you've kept records of your conversations with the proshop manager - and if you haven't contacted the manager of the golf course itself, you should - and keep a record of that conversation as well.

You'll also need copies of paperwork regarding the build line - and how did the developer manager build your home this way without your knowlege?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TerriS6 (California)
Posts: 3,284

Posted:

When a board fails to enforce a covenant or enforces a covenant unequally, it is usually prohibited from enforcing it in the future. Case law in CA.

TerriS6 (California)
Posts: 3,284

Posted:

Another issue could be the nuisance factor. If your governing documents prohibit nuisances, then your board is under obligation to investigate AND abate the nuisance of those trespassing golfers.
Then there is your right to quiet enjoyment of your property.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We cannot build on our property line. Must leave a 3 foot allowance. The HOA just approves the fence. They do not pay or fix them. We have a certain style and color.

Submit request to the HOA for approval. Invite them to see the issue.

Former HOA President

MarkK24 (Alabama)
Posts: 16

Posted:

Quote:

Posted By MelissaP1 on 08/29/2023 7:27 AM
We cannot build on our property line. Must leave a 3 foot allowance. The HOA just approves the fence. They do not pay or fix them. We have a certain style and color.

Submit request to the HOA for approval. Invite them to see the issue.

I have already submitted to the HOA and gave my perspective. What appalls me is the reply that the Golf course gave the approval for the covenant change to 10ft from the property line. Prior setback was 40ft. Who does the ARC represent with the covenants set forth? Do we need the golf courses approval to make rules? We also PAY the golf course directly $408,000.00 yearly without any transparency on how it is spent. Some of this seems baffling. They voted to fund the course so it did not go under without securing any guarantees of use or length of time until the fee is dropped. 304 (residents) x $120.00= 408,000

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By MarkK24 on 08/29/2023 8:08 AM

Posted By MelissaP1 on 08/29/2023 7:27 AM
We cannot build on our property line. Must leave a 3 foot allowance. The HOA just approves the fence. They do not pay or fix them. We have a certain style and color.

Submit request to the HOA for approval. Invite them to see the issue.

I have already submitted to the HOA and gave my perspective. What appalls me is the reply that the Golf course gave the approval for the covenant change to 10ft from the property line. Prior setback was 40ft. Who does the ARC represent with the covenants set forth? Do we need the golf courses approval to make rules? We also PAY the golf course directly $408,000.00 yearly without any transparency on how it is spent. Some of this seems baffling. They voted to fund the course so it did not go under without securing any guarantees of use or length of time until the fee is dropped. 304 (residents) x $120.00= 408,000

A covenant change requires a vote of the membership. Setback is not a rule change; it's an alteration of property rights.
Did you mean $1,000. per resident? Seems that would have required a member vote too.

TerriS6 (California)
Posts: 3,284

Posted:

I mean $1,200. per resident/lot.

MarkK24 (Alabama)
Posts: 16

Posted:

Quote:

Posted By TerriS6 on 08/29/2023 8:21 AM
I mean $1,200. per resident/lot.

Yes it is $1200.00 per resident and voted on prior to our moving here.

MarkK24 (Alabama)
Posts: 16

Posted:

I take it an alteration to the property line is done with the board members? Or is there a vote by the residents.

LetA (Nevada)
Posts: 2,679

Posted:

10 feet is ridiculous. That is something I would challenge. As for the trespassers and urinating on your property, what has the Golf management or local
police done?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TerriS6 on 08/29/2023 8:20 AM

Posted By MarkK24 on 08/29/2023 8:08 AM

Posted By MelissaP1 on 08/29/2023 7:27 AM
We cannot build on our property line. Must leave a 3 foot allowance. The HOA just approves the fence. They do not pay or fix them. We have a certain style and color.

Submit request to the HOA for approval. Invite them to see the issue.

I have already submitted to the HOA and gave my perspective. What appalls me is the reply that the Golf course gave the approval for the covenant change to 10ft from the property line. Prior setback was 40ft. Who does the ARC represent with the covenants set forth? Do we need the golf courses approval to make rules? We also PAY the golf course directly $408,000.00 yearly without any transparency on how it is spent. Some of this seems baffling. They voted to fund the course so it did not go under without securing any guarantees of use or length of time until the fee is dropped. 304 (residents) x $120.00= 408,000

A covenant change requires a vote of the membership. Setback is not a rule change; it's an alteration of property rights.
Did you mean $1,000. per resident? Seems that would have required a member vote too.

As Terri said, the set back should be an association's issue that does not need golf course approval.

MarkK24 (Alabama)
Posts: 16

Posted:

YEs, I have aske d for a exception for my property and meeting resistance even though they have approved/ignored 3 others with the variance I want as well. They state that I do not prove hardship for the request.

LoriM15 (Florida)
Posts: 1,009

Posted:

It is really common golf communities that fences are not even allowed, so a setback that far is not unusual.

I understand your desire for a fence. However, I would never have put up with the trespassing that you have. The golf club is responsible for the behavior of their members. Don't just go to the golf pro - go to the club manager and ask for a meeting with dates, times, pictures etc. They know who the party is by the start time and the pace of play. They can post out of bounds and no trespassing signs. If you don't get satisfaction from the club manager, then call the police. They are trespassing on your property.

We used to live on a golf course with the cart path right behind our house. I feel your pain. Fences were not allowed in our community.