Fencing issues because the covenants are vague e

Started by TedE • 3 replies • 222 views

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TedE (Illinois)
Posts: 1

Posted:

Our current covenants say that perimeter fencing is prohibited. Then they go on to say you can have a dog kennel, privacy fence, pool fence with written approval from the architectural review committee. The last sentence also says“no reasonable request she’ll be denied“ The homeowners are asking for a dog fence setback behind their home equal to about 5% of the total lot size. The architectural review committee has approved the fence for less than 2% of the lot size. The homeowners dog is a 90 pound shepherd mix that loves to run and fetch the ball. My question is if it does not stated clearly in the covenants that something is prohibited. How can we restrict a homeowner from using his own backyard?

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Ted,

Many HOA's "Architectural Review Committees" have great leeway to approve property changes, within the boundaries set in your covenants. If the board has approved the smaller dog fence, then the installation would be legitimate per HOA rules. The debate over have dog pens or sizing of dog pens is more a political/animal welfare debate.

Whereas my HOA expressly bans "dog pens," it allows perimeter fencing in the backyard up to the front-facing corners of the house structure and pets can freely roam. Your covenants differ.

If you want to make a case, check with town officials on any ordinances that may limit dog chains, small fencing etc. My opinion is that your HOA ARC has legitimately approved the dog fence.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By TedE on 01/28/2024 3:25 PM
Our current covenants say that perimeter fencing is prohibited. Then they go on to say you can have a dog kennel, privacy fence, pool fence with written approval from the architectural review committee. The last sentence also says“no reasonable request she’ll be denied“ The homeowners are asking for a dog fence setback behind their home equal to about 5% of the total lot size. The architectural review committee has approved the fence for less than 2% of the lot size. The homeowners dog is a 90 pound shepherd mix that loves to run and fetch the ball. My question is if it does not stated clearly in the covenants that something is prohibited.

I agree that the ARC's disapproval of the larger enclosure might very well be outside their (and the HOA's) authority. But I also think it's hard to say which way a trial court would go on this.

How much money are the homeowners willing to spend fighting this legally? To me this is the real question.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our HOA you can not have a perimeter fence. The fence has to be 3 feet from property lines. Plus no front fencing. They are pretty open about how far it does extend to the side of house.

The ACC can approve but the board can override their decision. Remember the owner is responsible for the fence and the expense. The HOA just approves and makes sure it is maintained.

Former HOA President

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