Member wants to combine multiple lots but causes an issue if they do. Not sure there is anything the Association can actually do about it.

Honestly, I'm not sure if I'm simply venting frustration on the board being played (at least from my perspective) but would like comments and suggestions.

We are seeking a legal opinion as well but the opinion won't be done for another week or so.

Covenants: No fence shall be erected or maintained nearer to the front lot line than rear elevation of the residence. All fence material must be approved by Developer.

History: The member owns two lots: one with a home and one vacant.

In 2025, the member requested and received approval to install a perimeter fence around the vacant lot. The request was approved because similar fences had been allowed on other vacant lots, and there was no home on the lot creating a rear elevation concern. The fence was installed later that year.

The member is now requesting to combine the two lots into one. While several owners have combined lots in the past, the governing documents are silent on the issue.

If the lots are combined, however, the existing fence would no longer comply with the fence location requirements because it would be located forward of the rear of the home. The owner has stated that they refuse to move the fence.

Because the fence is metal and was only recently installed, it is unlikely to be replaced or relocated in the foreseeable future, limiting opportunities for a future compromise.

Additionally, the Association, on many requests, have allowed fences to extend up to 18 feet forward of the rear of the home to shield utilities from view or allow access from a side door directly to the rear yard.

Realistically - the Association can not afford a legal fight and there is zero mechanism (due to the way the governing documents were written) to raise funds for a fight through special assessments or raising assessments.

With the covenants being silent, I'm not even sure the Board has the authority to address the request to combine the lots. That said, since it has been done in the past, I'd expect that the County won't have an issue with combining the lots.

Other than being caught between a rock and a hard place, I'd appreciate comments/suggestions.

Yes, the member is asking to combine the lots into one.

Yes, there is precedence on how that affects assessments and members voting rights - not an issue.

Eyesore? No. The location of the lots makes it not an issue visually.

The concern is the precedence it would set as there are other owners who have a large area on the side of their lot they wanted to fence in and were told no because of the restriction.

I also just realized that the member can get adjoining owners signatures to say the fence is ok and that it essentially becomes a waiver.

I agree. I'm thinking something along the lines of:

The Association approves your request to combine the lots.

Once you have provided a copy of the updated Plat, recorded with the County, the Association will recognize the lots as one.

However, once the lots are combined, the fence authorized in 2025 will become a violation of the covenants.

To bring the fence back into compliance, there are two options:

1) move the fence back to the rear of house OR

2) As authorized in the CC&Rs, obtain permission from lots within a 300ft radius of the combined lot saying that they have no issues with the fence.

The Board has determined that this permission should come from the following lot owners: Lotx, Lot b, etc.