Board denying approval on non existing rule

Started by AmitU • 8 replies • 178 views

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AmitU (Texas)
Posts: 12

Posted:

Hi Have build a privacy screen and not a fence or wall.

This is the response for denial.

The backside fence can not be built within 5 feet distance (setback line) from the community
wall. Community walls and common area fences are considered as HOA easements. HOA
has the right to access these easement areas for regular inspection, maintenance and repair
purposes.

IS there any such rule?

ElleN (Idaho)
Posts: 4,420

Posted:

AmitU, are you under the impression that every HOATalk member has the HOA covenants and HOA rules and regulations for all the HOAs of all the HOATalk members? Because if so, you are mistaken.

SheliaH (Indiana)
Posts: 6,964

Posted:

What ElleN said.

Start with reading your documents, especially the CCRs, which usually dictate how the common area is used (this is where you might see requirements that certain exterior changes must be pre-approved by the board before you do them). Your documents might also have language giving the Board the power to enact additional rules to flesh out the CCRs and/or Bylaws (which dictate how the community is to be run). Those rules should be available to all homeowners, so you should know if there's some sort of owner's handbook where they'd be listed, or they might be posted on your website.

You should also have appeal rights if your exterior change request is denied, although the rule you quoted seems pretty straightforward to me. File your appeal and see if you can come up with a good reason why your fence should be allowed - perhaps you need to change its location?

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

CathyA3 (Ohio)
Posts: 6,299

Posted:

Your governing documents should spell out where the easements are. If there isn't any language in those sections stating that owners may not encroach on an easement, there will probably be language in another section stating that owners may not interfere with the association's ability to maintain the property. So that's the "rule".

LoriM15 (Florida)
Posts: 1,009

Posted:

Sometimes the exact language is not in the documents. Do you have a property survey? Any easements would be clearly marked on your survey. If not on your survey, they should be on the plat for your part of the HOA.

If the HOA has an easement for the walls and the area around the wall, they absolutely can make rules regarding what can be built there.

KerryL1 (California)
Posts: 14,550

Posted:

With all of the above replies: Read your Convenats and Rules & Regs (If you have the latter. Many HOAs also have Architectural Guidelines, which also are a type of Assoc. rules. Review them.

Call it a "screen," if you want, if it's within the 5', it's in the way of future maintenance of the common area wall.

DeanJ
Posts: 1,786

Posted:

It may not be a rule, but it is a reality.

TimB4 (Tennessee)
Posts: 21,059

Posted:

AmitU,

Easements give others the right to use your property for specific purposes.

Utility easements are a common example. Easements should not have anything built upon them. If they do have something built upon them, the people who have access have the right to remove those items in order to utilize their easement.

You should check your PLAT at your local property records office to identify easements.
If an HOA easement is not on your PLAT, check your CC&Rs.

TimB4 (Tennessee)
Posts: 21,059

Posted:

INFO:

Easements from TX state law library

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