Archetectual Control Committee vs. CC&Rs

Started by ValerieB2 • 7 replies • 1426 views

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ValerieB2 (Utah)
Posts: 8

Posted:

CC&Rs say fencing in back area is ok, however ACC is saying NO! What are my chances of getting my fence built?

RogerB (Colorado)
Posts: 5,067

Posted:

Valerie, what is the rest of the story? The ACC must comply with the CC&Rs but can put restrictions on the size, type, color, etc. of the fence materials. Your chances are excellent when you comply with the CC&Rs and ACC guidelines.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Valerie,

Your ACC guidelines must have some guidelines or restrictions as to materials, color, height and placement. Is that what the committee says is not acceptable in your application for the fence? You must follow those restrictions in order to be in compliance with the CC&Rs and ACC guidelines.

Perhaps the CC&Rs only state that the fence must comply with ACC guidelines and standards? That statement gives the authority of the ACC to set the standards.

ValerieB2 (Utah)
Posts: 8

Posted:

Good point! The CC&Rs say "6'vinyl" I will re read to see if the ACC can usurp the CC&Rs. It doesn't seem likely since the material is already stated. What if I want something else and the ACC agrees? Are we both in violation of the CC&Rs?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Valerie,

Like it or not, 6 foot vinyl will be your fence of choice. If the ACC allows for anything else, then they will be in violation as well as yourself. I doubt that they can "unsurp" the CC&R's. Gosh, if they could, then what is the purpose of having CC&R's

MaryA1 (Arizona)
Posts: 7,043

Posted:

Valerie,

The CCRs take precedence over the ACC. However the ACC cannot allow anything higher than 6' or of a material other than vinyl but they can address other aspects of the fence such as placement.

JohnO6 (Georgia)
Posts: 424

Posted:

While it is true (as both Mary and Donna have already said) that the CCRs trump any ACC rules, it is also not infrequent that the CCRs also include a section or provision that allows the Board of Directors to grant a variance or exception to anything contained is the CCRs. While I'm not generally an advocate of invoking such a variance (IF, in fact, it even exists within your CCRs), I just want to point out that it MIGHT be possible.

I'm just one of those guys who's neurons start firing anytime I see people making absolute statements, such as ones that include "always" or "never"

ValerieB2 (Utah)
Posts: 8

Posted:

Thanks for your replies, they are making me think in a smart and "fully" focused rather than myopic manner. Please send more thoughts if you think of any. This site has been very helpful. At this time I have submitted an application/written schematics which I am expecting them to reject. They will undoubtedly respond with an unacceptable plan at which point it we will be in court. Did I mention commercial vehicles are prohibited yet one of the HOA board member's husband has parked his big ugly noisy commercial van in front of her unit every night for 6 years! Also, while the CC&Rs say one dog, a friend of the board members has two! Two other residents have fences for their dogs fashioned in different ways, however what I have is not acceptable. It goes on and on I am quite sure this is more personal than professional. I am not a native Utahan.

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