fences on pond views

At one time, our community allowed homes on our three ponds to have fences but limited the height to 3.5'. One was installed, but other owners demurred. Elsewhere in the community, 6' solid panel privacy fences are required. Now a woman has asked for a 3.5' fence on her pond view home, yet the ACC and Board is telling her that she must install a 6' fence, which will cause her to lose her view and create the same problem for her neighbors. The covenants only say that the ACC must approve fence requests. There is a 3.5' fence next to this woman's home, but the Board and ACC continually tries to tell people that it was a "mistake" anytime anyone requests to install one like it. What can happen? How can a board make a person choose between a lovely view and a functional fence?

Was this a written policy?
Is the six foot fence a written policy?
Can you provide the language of the policy?

It is possible that the current committee is just following the guidelines as written. If, after reviewing the policy, the owner discovers that the committee was following the guideline, they may want to appeal the decision to the Board.

Tim

Well, because the documents give the HOA/board or Architectural Committee the ability to establish specific guidelines, then the height doesn't have to be mentioned in the deed restrictions.

There should, however, be a written set of guidelines produced by either the board or ACC so that residents can know what is allowed and what isn't.

I can see how you might feel that way, Clara.

But lots of times it's just the changing dynamics of a board. Even if the same people are on the board, their feelings or outlook on some things may change over time.

Which is why it's really important to document everything. This goes for the board and the Arc Committee, too.

If the fences were allowed at one time, regardless of what the reasoning may have been, then somewhere along the lines it changed.

That change should also be documented.

In our association, the Arch Comm makes/drafts guidelines on various things over which it has jurisdiction.

Those guidelines and specifications are then voted into a resolution by the full board.

The guidelines are a bit more fluid, so to speak, than the covenants, since future boards and/or Arch Committees can change the specifications/guidelines without a full membership vote.

However, the changes must also be voted on by resolution by the board. So if the board that is in place during the change does not agree with the changes, they don't get codified.

In other words, the Arch Comm can't just change the guidelines on a whim. It has to go through a process, too.

Perhaps you could talk to the residents who have the lower fences and see if they have any copies of approvals by the Arch Comm of their short fences?

If so, then you might be able to present that to the board/arch comm for re-evaluation.