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Old 03-08-2010, 02:06 PM
 
70 posts, read 268,945 times
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another update
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Old 03-08-2010, 02:11 PM
 
Location: Cary, NC
8,268 posts, read 21,855,550 times
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Well then ignore my response that said to ignore it. If they sent a copy of covenants (even if they turn out to not be correct), then I think your sister needs to investigate further. Start with the lawyer and have her bring a copy of what was sent to her to get to the bottom of it.
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Old 03-08-2010, 02:35 PM
 
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just because she violated the covenants and a neighbor is angry doesn't mean the HOA will fine her or make her take her fence down. They may have the right to fine etc, but they don't always do that. I would bring it to the attention of the HOA.... give them a copy of the letter she received from the neighbor too. The neighbor s/ have gone through the HOA.
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Old 03-08-2010, 02:53 PM
 
70 posts, read 268,945 times
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Quote:
Originally Posted by PDXmom View Post
just because she violated the covenants and a neighbor is angry doesn't mean the HOA will fine her or make her take her fence down. They may have the right to fine etc, but they don't always do that. I would bring it to the attention of the HOA.... give them a copy of the letter she received from the neighbor too. The neighbor s/ have gone through the HOA.
There isn't even an HOA. There's just an owner of the subdivision.
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Old 03-08-2010, 04:55 PM
 
321 posts, read 782,031 times
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I'm still trying to understand how a chain link fence is acceptable but not a wood fence!!
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Old 03-08-2010, 05:04 PM
 
Location: Cary, NC
715 posts, read 3,720,965 times
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Originally Posted by coastalnc View Post
I'm still trying to understand how a chain link fence is acceptable but not a wood fence!!
More reason to throw away the anonymous letter and go worry about something else.
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Old 03-08-2010, 05:51 PM
 
8 posts, read 21,521 times
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You may want to have your sister look around the subdivision and see if there are any "other" existing wood fences in the neighborhood. If so, have her take pictures.......and, a "prior precedent" has been established and there would be no grounds for the angry neighbor or even an existing covenant to apply.

From the info you've given, sounds like a jealous neighbor to me. Wood fences aren't cheap and in any "reasonable" covenant, chain link fences are almost always excluded as wood is more aesthetically pleasing. I'd tell your sister to toss the letter in the trash and go about her life. If anything does come of this, she should go to her closing attorneys and let them deal with the fact that nothing was presented to them at their closing.
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Old 03-08-2010, 06:17 PM
 
9,198 posts, read 21,210,489 times
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Quote:
Originally Posted by coastalnc View Post
I'm still trying to understand how a chain link fence is acceptable but not a wood fence!!
Wood fences tend to obstruct views and are disfavored in some neighborhoods for that reason.

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Originally Posted by Luvamigo View Post
I'd tell your sister to toss the letter in the trash and go about her life.
Quote:
Originally Posted by dedratermi View Post
More reason to throw away the anonymous letter and go worry about something else.
I'm sorry, but I think the suggestion to basically ignore the situation and wait for it to turn into a bigger problem is not good advice. My recommendation is to deal with it before your sister is hit with a claim that will be potentially expensive and difficult to defend.

The first thing I recommend is that your sister look at her title insurance policy. Does it include a reference to the covenants?
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Old 03-08-2010, 06:29 PM
 
Location: Cary, NC
8,268 posts, read 21,855,550 times
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Meh...I'd probably call the lawyer again and maybe fax them the letter and see what they say. I wouldn't make a huge deal over it. Angry letters from anonymous neighbors isn't something that would get me too concerned. If it's really against some sort of covenant, I'm sure the angry neighbors will let those who are in charge know about it.
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Old 03-08-2010, 06:47 PM
 
Location: Cary, NC
31,683 posts, read 55,496,055 times
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Quote:
Originally Posted by skywalkerzmom View Post
There isn't even an HOA. There's just an owner of the subdivision.
There doesn't have to be an HOA. Covenants are very common in neighborhoods with no association. Enforcement is via legal action on the part of other owners. Not common, but it happens.

Quote:
Originally Posted by coastalnc View Post
I'm still trying to understand how a chain link fence is acceptable but not a wood fence!!
Easy. The covenants say no wood, but allow chain link. Not my taste, but easy to write.

Quote:
Originally Posted by dedratermi View Post
More reason to throw away the anonymous letter and go worry about something else.
Bad advice. Learn the covenants and how to comply, or to at least know where the end of the leash is.

Quote:
Originally Posted by CHTransplant View Post
Wood fences tend to obstruct views and are disfavored in some neighborhoods for that reason.

I'm sorry, but I think the suggestion to basically ignore the situation and wait for it to turn into a bigger problem is not good advice. My recommendation is to deal with it before your sister is hit with a claim that will be potentially expensive and difficult to defend.

The first thing I recommend is that your sister look at her title insurance policy. Does it include a reference to the covenants?
Agreed. I would want to know what I bought, and what the neighborhood standards are.

Quote:
Originally Posted by lamishra View Post
Meh...I'd probably call the lawyer again and maybe fax them the letter and see what they say. I wouldn't make a huge deal over it. Angry letters from anonymous neighbors isn't something that would get me too concerned. If it's really against some sort of covenant, I'm sure the angry neighbors will let those who are in charge know about it.
The angry neighbor might be the kind of riff raff that lawyers up for everything.

The developer may well be "in charge" if the subdivision declaration says he is.
There only has to be an HOA if no one will take on administration of the subdivision. Since most tract builders move on when built out, most tracts have HOA's. But, a small subdivision in a rural area may well have a developer/admin.
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