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I would also be interested in seeing photos. First the OP called it a pond, then she said it was a fountain, then someone else said it was being used as a pool??? So I'm having a hard time really visualizing exactly what's going on there. But to some extent, I feel like the fountain/pond/whatever is a red herring and is just an excuse for wanting a privacy fence but I suspect the OP would want one even if that water feature wasn't there.
And I'd also be curious to see the specific HOA language. Someone else mentioned this before - if the language is explicit that the OP can put up any type of fence she wants, then there would not be an issue of the HOA having to grant special approval for this fence.
Would love to hear your honest thoughts and advice on this dilemma. We have owned our home for 8 years. We live in an older and lovely neighborhood with big yards (1-2 acres) and mature trees. Our property backs to woods and we have no neighbors behind us, only on either side. Almost no one has fences in the neighborhood, the only ones that do are those who have pools, and those fences are 6 feet tall but picket type fences (so you can see through them).
Here is the dilemma. We have twin boys, age 3. Several years after we moved into the house the HOA put in a large pond with a fountain in the HOA owned empty space right next to our house (so when we bought the house the pond was not there). The pond is not fenced and they are not planning to fence it (and they are not legally required to). We are concerned for the safety of our 2 toddler boys with this large and deep pond so close to our house (next door). I have to run after them when they are playing in the backyard, which is about 30 feet from the pond, because toddlers run all over the place. And they will not be allowed to play unsupervised in the back yard due to this pond until they are much older.
So we want to install a 6 foot privacy fence around our backyard. This wood be a very nice, expensive, wood privacy fence. We are homeowners and are within our right to do this. The HOA documents say we can have a 6 foot tall privacy fence and there are 2 other houses in the neighborhood of 50 houses that have such a fence.
But, now all our neighbors are mad at us and the whole neighborhood seems to be shunning us because, in their opinion, the proposed fence would ruin the openness of the yards and ruin their views of the woods. The fence has not gone up yet. We would basically be the first person on our street to put up a privacy fence. It would stand out, in the neighbors' opinions, in a negative way. And the way our house is situated on the lot, our fence (even though it would be in the backyard only) would be very visible from the street so everyone would see it, so that's part of why this has become such a big issue in the neighborhood.
We want a privacy fence for many reasons and are not interested in another style of fence. We understand how this fence would be "perceived" by the neighborhood--something that in their views, ruins the open feel of the neighborhood. But it is upsetting how the neighbors are now treating us since we started this fence approval process. They are all mad at us. The HOA committee not yet approved our fence because the neighbors are all objecting and it now has to go through a special approval process. However, according to the HOA documents a 6 foot tall privacy fence is technically permitted.
What are your thoughts? What would you do? Would you still do the 6 foot privacy fence despite the whole neighborhood being mad at you?
The idea is to keep your boys safe. You could always go to your neighbor and ask them to put a fence around their fountain and why you ask or would they prefer to take it down because if one of your boys gets hurt or worse you will own their house and other things. Now tell me how much will they like you now? I would put my
Fence up to protect my boys and excuse my language but to hell with your neighbors views. You can always tell them why you put the fence up. If your neighbor cannot accept that, they weren't your friend in the first
Place. Now I am older than you. I just don't go for that neighborhood gossip stuff. They take what you say
Or they don't. But the important part is your sons are safe. That is the reason for the fence. Good Luck.
The idea is to keep your boys safe. You could always go to your neighbor and ask them to put a fence around their fountain and why you ask or would they prefer to take it down because if one of your boys gets hurt or worse you will own their house and other things. Now tell me how much will they like you now? I would put my
Fence up to protect my boys and excuse my language but to hell with your neighbors views. You can always tell them why you put the fence up. If your neighbor cannot accept that, they weren't your friend in the first
Place. Now I am older than you. I just don't go for that neighborhood gossip stuff. They take what you say
Or they don't. But the important part is your sons are safe. That is the reason for the fence. Good Luck.
Except, as op later clarified, that isn't the reason for the fence... 😀
Except, as op later clarified, that isn't the reason for the fence...
Wrong. Maybe the OP and family just want the privacy a fence will give them. A large percentage of home owners like the privacy a fence will give them.
It isn't though. HOAs like municipalities have the right to levy fines, place liens, and even foreclose on properties that aren't in compliance. The difference being the HOA is everyone that lives nearby, so they're even pickier on average. With an HOA you've essentially signed over another layer of ownership in the propery to the immediate neighbors.
Some properties are set up for communal gardens , why I dont know as to me a garden is a place to retreat and be private... I suppose different rules in areas..but surely if you can build a dangerous pond in the garden without permission, a fence is the least of their worries.. Id check with the property details and a lawyer..Where I live only metal wrought iron fencing is allowed, not wood or brick walls... how this all started I have no idea as I moved in here 20 years after they were built..and my house had the fence up.... I did put up a high wooden fence at the back, but think theres restrictions too on what height they can be...would love to see a photo of the property..
The OP wants the safety the fence will provide to keep the twins away from the pond AND the privacy from the pedestrians along the back yard. Some fence styles will do one of those things, some fence styles will do the other of those, and some fence styles will do BOTH.
Why does it matter which is the primary reason. They are both legitimate reasons and can both be addressed with one fence.
Remember the fountain pond did not exist until later. Most likely the existence of this pond is now drawing people to it taking away from backyard privacy. Not to mention having that in the back of their house is very dangerous for young children. Homeowners insurance rates ask if you have a gate around a pool for a reason. Children drown all the time. If HOA rules state they can have a fence then so be it. The neighbors don't care about the OP's children nor do they care about anything but whether they can view the lake. That is the only reason they are against it. They want to see it. Too bad. I guess the HOA should have amended their fencing rules prior to putting in the body of water. Most HOA's with existing fountain ponds have rules that if you are along the water you have to have an iron fence. Non privacy.
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