4-foot fence rule

Started by KennethN • 7 replies • 1956 views

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KennethN (Illinois)
Posts: 36

Posted:

As a president of an association, we have a very strict 4-foot fence rule which has to be cedar and board-on-board (can be 6-foot on perimeter of subdivision). Many houses (20+ of our 150) have already constructed fences to these guidelines.

Now that we had turnover, there is a homeowner getting involved that wants to see this rule changed. My initial gut reaction was no-way. However, after spending the last few hours reading websites, I'm not feeling so firm.

It's in the Declaration so it will be near imposibble to change, however, this homeowner may be able to gather enough proxies because she is very motivated.

Anyway, rather or not we can change the rule is not important to me right now. It's specifically written in the declaration so any admendment would require homeowners to vote. I am just asking for anyone who has lived in or lives in a community with fence restricitions to comment if they don't mind.

I have stated since being elected my main priority to this association is keeping our property values #1.

Question: Does a uniform/strict fence policy make a significant difference in property values?
Question: Could a strict fence policy prevent smart home-buyers from buying here after reading our CC&Rs.
Question: Are there safety issues with four-foot fences, since they are easy for a dog or child to jump/climb over?

Anyway, this forum has always been a great resource, and any input on the matter would be greatly apprecaited.

Thank you in advance!

Ken

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By KennethN on 10/21/2009 11:26 AM

Question: Does a uniform/strict fence policy make a significant difference in property values?
Question: Could a strict fence policy prevent smart home-buyers from buying here after reading our CC&Rs.
Question: Are there safety issues with four-foot fences, since they are easy for a dog or child to jump/climb over?

1) There is very little real data on whether an HOA makes a significant difference in property values. Breaking it down into whether a fence rule does or does not seems to me almost impossible.

2) Yes, it could. how likely it is is open to debate

3) Yes, there are safety issues with anything. A four foot fence is easier to climb over. However, the fall from a six foot fence is more dangerous than the same fall from a 4 foot fence. If you were really worried about safety, however, you wouldn't have cedar (splinters and fire hazard), you would require plastic, non-flammable/high temperature or steel, and require a bed of soft fill material 4 foot each side of the fence be maintained, over tilled ground. My advice is that pulling the safety card rarely works... the other side can pull that card far harder.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I don't know if they should be 4 ft. or from cedar, but I think if the homeowners want a subdivision that looks like all one style, then the fences should ALL be uniform. But that may mean more options than just one choice of height and material.

Do you have color restrictions, also?

Time for a committee to sit down and discuss what they want the area to look like today, in 5 years and in 10 years.

MicheleD (Kentucky)
Posts: 4,491

Posted:

The point is that IF the members of the association, in the appropriate number to effect an amendment, consider a particular covenant not reflective of their values or lifestyle (or not directly relevant to their property values), then what a particular board member may feel about it is not an issue.

The board member, or even ALL members of the board, only have one vote, just as every other member has.

Therefore, if the process is followed and the association votes to amend the covenant, then it is what it is.

Now, I understand your information-gathering. It would be appropriate, if you don't think such a change is a positive move for the association, to be able to stand up the night of the amendment vote and lay your position out for consideration.

But at the end of the day, the power ultimately rests with the members of the association, in the requisite number of votes to effect the change.

Personally, I have no problem with fences not all looking the same or being of the same materials.

I think it's more important that the finished product look nice and well-kept, and that the finished side always faces outward.

But, if our association decides there should be no fencing covenants or restrictions at all, and they have the appropriate number of votes to make it happen, then, there you go!

MaryA1 (Arizona)
Posts: 7,043

Posted:

I think people get too caught up with what affects property values. SOme people seem to think "everything" affects it. IMO, a property appraiser should be consulted to find out exactly what does affect property values -- I think most people would be very surprised.

Now, aesthetics is another story!

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MaryA1 on 10/21/2009 7:49 PM
I think people get too caught up with what affects property values. SOme people seem to think "everything" affects it. IMO, a property appraiser should be consulted to find out exactly what does affect property values -- I think most people would be very surprised.

Now, aesthetics is another story!

Good point. Which is why I made the statement in another thread that a home without an attached garage, in a development where all homes have attached garages, will be valued lower than its surrounding homes.

We had several appraisals done on a home we are trying to sell, and this topic came up. The home itself had 2 bedrooms instead of the original 3 it was built with. The homeowner took down a wall and made a large living room instead.

This lowered the value of the home significantly (by at least $10,000) and is a simple fix if we find it isn't moving (we have a friend who could put the wall back for around $500 or less. Well worth it if we can't get the right offers).

During this meeting we were also talking about garages. This house has a detached garage. That's a plus, because it is a garage, however, the appraiser told us that if this home had an attached garage, instead of the detached one, it would pull in a significantly higher price. We didn't even bother to ask how much at that time because it wasn't an option to change it.

My point is that if you really want to know, then talk to the people who do this every day.

KennethN (Illinois)
Posts: 36

Posted:

Thank you for your time in the responses. At this point I am leaning towards tasking our ARC with research into the fence / value debate. I am going to ask they talk to a Realtor or two and possibly an appraiser or two.

There is an obvious struggle over protection of neighborhood house values / freedom to do as they choose on their lots.

I am all for loosening up the fence rule, and putting the emphasis on maintenance and upkeep.

Ken

GlenL (Ohio)
Posts: 5,491

Posted:

Ken before you go though all that you might want to check with the City / County to see if the larger fences are allowed by code first. You can be more strict than the zoning ordinances but you can't allow something they prohibit.

Studies show that 5 out of 4 people have problems with fractions

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