RickP5 (Michigan)
Posts: 10
Posts: 10
Posted:
I would like to know if anyone has experience with an HOA that has basically decided after 27 years to invalidate the meaning of the no fences in the backyard except for pools and a small dog run bylaw.
The situation is that I discovered on the Birchwood Park (my Sub) facebook page that the HOA had determined that all previous HOA's had misinterpreted the no fence bylaw.
So without written notification and only by dialogue on facebook the HOA group decided to give approval of fences to individuals if they wanted one.
My next door neighbor celebrated by saying they had found a loophole in the bylaw so proceeded to begin fence installation preparation. So I hired an attorney to look into the matter and he said the only way to stop this
was to submit a lawsuit (restraining order against) my neighbor and suit against the HOA to prevent further fence installations.
My lawyer indicated that this would be a case that should be settled quickly which is now in jeopardy because my first lawyer quit my case based on some hearsay about his handling the case that he said I was tarnishing his reputation.
So I had to hire another lawyer quickly because of the phase we were in (mediation) and my new attorney indicated that my former lawyer botched the case and now we are up against the wall with the defense lawyers wanting the case dismissed under a deadline of 11/10 which my current attorney is pushing back on. The judge would not allow the restraining order and is forcing arbitration that I was informed is basically how judges try and get settlement.
Arbitration at $450/hr and I for the life of me cannot understand the logic since the question is only is the meaning of the bylaw to not allow fences in the yard or not.
I am the original owner of the property and was told by the builder that no fences in the backyard unless specified as shown below. I also contacted the builder (email from secretary) and Terry Nosan of Nosan Signature Homes who signed the HOA indicated to his best recollection the fence clause was as exactly as stated to not allow any fences unless as specified below.
I have endured great expense to try and resolve this and have been attacked by residents of the small faction of our 188 home sub where as my wife received threatening emails regarding lawsuits against us for numerous absurd claims.
I have attached the HOA pasted the fence section from the attached HOA rules.
By the way the interpretation of this "No Fence or wall which surrounds the perimeter" was interpreted by our HOA is that this only pertains to the perimeter around the entire lot fron to rear and anything else is permitted in the back as long as it meets township rules.
Well the township codes include a no fence requirement for the front yard (attached) so if the lawyer meant that when he wrote the bylaw I am flabbergasted,
Fences and Walls. No fence or wall which surrounds the perimeter of a Lot shall be permitted.
Fences side yard adjoining the public or private street shall not exceed forty-eight (48) inches in height, in all
fences shall comply with the provisions of paragraph T of the Article VII. Where such fences abut a Common
Area, no fence shall be erected except on condition that a Lot Owner of such Lot regularly cuts, cleans and
maintains the area of such a Lot between said fence and the Common Area. Wrought iron and other decorative
fencing (but not fencing of the wire type commonly known as “Cyclone Fencing”) may be used on any Lot for the
purpose of enclosing a permitted swimming pool, in locations approved by the Committee. Any such approved
and permanent fencing shall have a vertical balustrade pattern and no additional ornamentations. All fences are
subject to approval by and permitting requirements of the Township and shall not exceed the minimum height
permitted by the Township.
Thank
The situation is that I discovered on the Birchwood Park (my Sub) facebook page that the HOA had determined that all previous HOA's had misinterpreted the no fence bylaw.
So without written notification and only by dialogue on facebook the HOA group decided to give approval of fences to individuals if they wanted one.
My next door neighbor celebrated by saying they had found a loophole in the bylaw so proceeded to begin fence installation preparation. So I hired an attorney to look into the matter and he said the only way to stop this
was to submit a lawsuit (restraining order against) my neighbor and suit against the HOA to prevent further fence installations.
My lawyer indicated that this would be a case that should be settled quickly which is now in jeopardy because my first lawyer quit my case based on some hearsay about his handling the case that he said I was tarnishing his reputation.
So I had to hire another lawyer quickly because of the phase we were in (mediation) and my new attorney indicated that my former lawyer botched the case and now we are up against the wall with the defense lawyers wanting the case dismissed under a deadline of 11/10 which my current attorney is pushing back on. The judge would not allow the restraining order and is forcing arbitration that I was informed is basically how judges try and get settlement.
Arbitration at $450/hr and I for the life of me cannot understand the logic since the question is only is the meaning of the bylaw to not allow fences in the yard or not.
I am the original owner of the property and was told by the builder that no fences in the backyard unless specified as shown below. I also contacted the builder (email from secretary) and Terry Nosan of Nosan Signature Homes who signed the HOA indicated to his best recollection the fence clause was as exactly as stated to not allow any fences unless as specified below.
I have endured great expense to try and resolve this and have been attacked by residents of the small faction of our 188 home sub where as my wife received threatening emails regarding lawsuits against us for numerous absurd claims.
I have attached the HOA pasted the fence section from the attached HOA rules.
By the way the interpretation of this "No Fence or wall which surrounds the perimeter" was interpreted by our HOA is that this only pertains to the perimeter around the entire lot fron to rear and anything else is permitted in the back as long as it meets township rules.
Well the township codes include a no fence requirement for the front yard (attached) so if the lawyer meant that when he wrote the bylaw I am flabbergasted,
Fences and Walls. No fence or wall which surrounds the perimeter of a Lot shall be permitted.
Fences side yard adjoining the public or private street shall not exceed forty-eight (48) inches in height, in all
fences shall comply with the provisions of paragraph T of the Article VII. Where such fences abut a Common
Area, no fence shall be erected except on condition that a Lot Owner of such Lot regularly cuts, cleans and
maintains the area of such a Lot between said fence and the Common Area. Wrought iron and other decorative
fencing (but not fencing of the wire type commonly known as “Cyclone Fencing”) may be used on any Lot for the
purpose of enclosing a permitted swimming pool, in locations approved by the Committee. Any such approved
and permanent fencing shall have a vertical balustrade pattern and no additional ornamentations. All fences are
subject to approval by and permitting requirements of the Township and shall not exceed the minimum height
permitted by the Township.
Thank
📎 Attachments (1):
⏸ Downloads temporarily unavailable
📄11112465445071.pdf(291 KB)