💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PeggyH (South Carolina)
Posts: 36
Posted:
I am on the Board of an HOA in South Carolina, and need interpretation of a CC&R. Everyone on the board is under the understanding that fences are not allowed to be in the front yard. The following section is in our CC&R's and I would like to know if this would pertain to fences: No lot shall be subdivided except as hereinafter provided, and no building or residence, including porches or projections of any kind, shall be erected as so to extend over or across any of the building setback lines or easement lines as set forth herein or as shown on the above referred map as Phase II by Michael S Haller Jr or other recorded plats of subsequent phase of development of Pine Creek II. No dwelling or structure of any kind (except for air handlers, heat pumps and related HVAC equipment) shall be erected on any lot nearer than:
a) Twenty (20') feet to the front line of the lot (the direction the dwelling
fronts); nor
b) Ten (10') feet to the interior side lines of the lot, except for corner
lots on perpendicular streets which shall be fifteen (15') feet to the side
lines on the side of the street; nor
c) Fifteen (15') feet to the rear line of the lot.
I'm thinking part A would refer to fences also. I am trying to get this clarification so we have something in writing to refer to when approached by homeowners.

Thanks
EdieL (Virginia)
Posts: 86
Posted:
I personally would not consider a fence as a structure. I experinced
one time that a POA tried to use their set back requirements to
address the issue of Septic Tanks on a lot had to meet the CCR setbacks
requirements. The court determined that a septic tank was not a structure
as defined in the CCR's.
Edie
PeggyH (South Carolina)
Posts: 36
Posted:
Thanks Edie.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I would consider a fence a "structure" - just like a permananet play structure, pool, sandbox, patio, etc.

Is there NO PLACE else that fences are talked about in your CCRs or bylaws? Why the concern now for fences?

Do people want to put them up now?
PeggyH (South Carolina)
Posts: 36
Posted:
The concern now about the fences, is we have one homeowner that has a fence kind of like a split rail fence, in their front yard and it looks tacky, other homeowners do not like it and want us to have them remove it. I know it has been there for many years, even before I moved here 4 years ago. As far as I know it was never brought before the board for approval, and I understand the person whom owned the house when the fence was put up was the president of the HOA. Unfortunately our HOA was not run properly for so many years, and now we have a Board in place, including myself the president, who want the HOA run properly and the rules and regulations followed. Thanks for your help.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Fence in front of house.

It would have to go.

Sorry.

RogerB (Colorado)
Posts: 5,067
Posted:
Peggy, a fence is definitely not considered as part of the residence, porch, etc. which is restricted to certain footage on all sides of a lot. However, the owner needed to get approval from the architectural committee to construct the fence. If it was approved the HOA has no basis for removal. Also, this approval may have been provided by the Developer before the owners took control of the HOA Board and ACC.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here