TimB4 (Tennessee)
Posts: 21,101
Posts: 21,101
Posted:
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.
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.