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If the HOA says build it on the property line, there is no more discussion. If you don't abide by their rules, you can be sued, fined, and made to remove the fence..!!! If you don't mind that, then go ahead and break the rules..!
In this state, fences are always build on the property line, and both parties are responsible for paying for the construction and maintenance.. So do it according to the rules, and submit 1/2 the bill to the neighbor...
In the HOA I live in, the city will not issue you a building permit without written permission from the HOA. They work hand in hand... Follow the rules and live carefree...!
I forgot to mention a detail that may or may not matter. We have 3 neighbors that my husband helped fence in their yard, all with 6" setbacks, all approved by the HOA about 9 months ago (same rule in place at that time). This is where we got the 6" idea from in the first place. I don't know if the board just wasn't paying attention or what, but it's unfair of them to approve them and not us.
This definitely matters - if there is precedent to allow this for other homeowners and the same rule was in place at the time I can't see how they can deny you without making the other owners come back into compliance with their strict enforcement.
Resubmit your request along with signatures showing your adjacent neighbors acknowledgement(s) along with the history of the homes that have succesfully implemented the same thing - then if they deny it you have a foot to stand on (or 6")!
They cannot allow it for one homeowner and not the other without a darn good reason. (Unless your neighbors did not submit that they had come in on the property line). Are they really going to come out and measure? Tell them it rained and it shrunk - LOL!
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I'm at a loss to understand the stubborness over this 6 inches. It's not enough to really make any difference to you - you can't reasonably maintain the outside of your fence, without setting foot on your neighbor's property, with anything less than a couple of feet. So if you can build it right at the line without going over, what's the problem exactly?
My husband has owned his own fence company and has been in the field for over 20 yrs. He advises to put it at the property line. You may not see an issue with it now but, why not avoid any unforeseen future hassles? That's the pain of HOA. Can you imagine having to pay to tear it down and move it 6" and getting fined? HASSLE! They tried to fine us once in California for our lawn not being green enough while we were in a statewide drought!!!
You don't have to dig ON the line, but rather just inside of it so that the outside of your fence is as close to the property line as possible.
I'm at a loss to understand the stubborness over this 6 inches. It's not enough to really make any difference to you - you can't reasonably maintain the outside of your fence, without setting foot on your neighbor's property, with anything less than a couple of feet. So if you can build it right at the line without going over, what's the problem exactly?
If you re-read the thread, I've mentioned several of the many reasons why it makes a difference to us.
In this state, fences are always build on the property line, and both parties are responsible for paying for the construction and maintenance.. So do it according to the rules, and submit 1/2 the bill to the neighbor...
In the HOA I live in, the city will not issue you a building permit without written permission from the HOA. They work hand in hand... Follow the rules and live carefree...!
Why should the neighbor pay 1/2 for a fence he possibly wouldnt want in the first place?
If you re-read the thread, I've mentioned several of the many reasons why it makes a difference to us.
I understand - but you asked for other people's opinions, and it seems the advice you're getting is running 10-to-1 in favor of putting it on the line.
I understand - but you asked for other people's opinions, and it seems the advice you're getting is running 10-to-1 in favor of putting it on the line.
You didn't seem like you understood in your last post. You specifically said you were at a loss to understand and wondered what my problem was. So you do understand my points then, you just don't agree, which is fine. You're right I asked for opinions, but I didn't ask for advice. If people want to give it to me, that's fine and I'll take it all into consideration, but I didn't ask for it. I feel the way I feel and it's likely not to change. I don't see anything more compelling than the arguments I have for the other side. I appreciate everyone's opinions, but based on my feelings on the subject, the town's position and the HOA's past approval of my neighbors (and yes, they did indicate their plans in writing), I plan to fight them on it.
I appreciate everyone's opinions, but based on my feelings on the subject, the town's position and the HOA's past approval of my neighbors (and yes, they did indicate their plans in writing), I plan to fight them on it.
Why take such a stance right out of the gate?
Seems to me the best approach would be to contact your HOA and talk this over so you can better understand where they are coming from and they can gain perspective of your issues. That way you can work towards a win/win solution.
I'll never get why people are so eager to engage in a "fight" with their HOA. Effective communication can go a long way. Good luck!
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