A interim denied the fence being build around the front end of my propery.

Started by EugeneD • 7 replies • 1193 views

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EugeneD (Texas)
Posts: 14

Posted:

All - I kind-of figured that; A interim denied me permission on putting a fence around my property. I found out she is just a fill-in and we have no President, Vice President of other ACC Board members. She is the only one on the committee. Is this legal for her to do that or do you think someone from the HOA office had something do with that decision???

MicheleD (Kentucky)
Posts: 4,491

Posted:

An "interim" what?

If your board has no President or VP, or ACC board, what DOES it have?

Either way, if she is a board member, and your CC&Rs give the board right of review and/or approval/refusal, then she probably has the "power" to do that.

By the way, assuming she is an "interim" something, she no doubt was either appointed by someone or was the only one left standing after everyone else quit.

Curious to see which it is. . . .

MaryA1 (Arizona)
Posts: 7,043

Posted:

Eugene,

It seems to me there should be more than one member of the A/C committee. Your gov docs should outline the proper procedure and state whether or not a decision can be appealed to the board. I would think you should be given a reason for the denial.

When we discussed this issue last week I don't recall you mentioning the size of your lot. Do you live on acerage? I do recall you saying even the front of the house would be fenced in. I can't imagine a property totally fenced in in a neighborhood with small lots.

MicheleD (Kentucky)
Posts: 4,491

Posted:

At our 300-home community, we only have one member currently on the Arch Committee.

However, our Arch Committee would definitely deny a fence if someone tried to erect it forward of the front plane of the house.

In our area, per zoning requirements fences cannot extend past the front of the house. But most people would not get/need "zoning" approval to erect a fence if it were 6 feet or under. So it may be that it was denied for some reason like that.

Generally the reason for denial is provided. If it wasn't it would be helpful for her to provide it so you know exactly what sort of fence WILL be approved.

Good luck to you.

EugeneD (Texas)
Posts: 14

Posted:

Michelle/Mary - I will ask today why did it get denied....

MicheleD (Kentucky)
Posts: 4,491

Posted:

Eugene: Also please let me know what an "interim" is? and how many board members you have at all right now.

EugeneD (Texas)
Posts: 14

Posted:

I asked my HOA and they told me that she was the president, which I think is a lie. The reason for the denial was not giving, I was told that I can appeal that and then at the hearing we can discuss that.

JC3
Posts: 290

Posted:

But if you do not know why it was denied, you have no way to prepare a proper response. This is not fair to you.

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