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OP, once you get your fence, get a doggie door, your wife will save a lot of wear and tear. Not only go to the Meeting Monday night, send a certified letter tomorrow w/ return receipt requested so that one of them receives it before the meeting. Then show up and say you haven't received your receipt and are concerned if they got it (and have a copy, just in case they did not). Show them you are serious (even if you don't intend to go to an attorney, but you can get one to write a letter for you for about $100 - $125, depending upon your location, which is nothing compared to the lumber bill). Go on written notice that you are requesting the minutes of the meeting where they arbitrarily changed the style of fencing. Because if it's not in there, they shouldn't be enforcing a rule that is selective. (This kind of stuff really ticks me off).
What is so radically different that a Shadowbox Fence will not solve your problem?
If they insist, put up a post and rail fence, and line it with Paige wire...green clad, and they will never know the difference...and you made it clear that the fence was to keep your dog in, other pests out. They truly can't expect a post and rail fence is going to inhibit four legged creatures.
What is so radically different that a Shadowbox Fence will not solve your problem?
If they insist, put up a post and rail fence, and line it with Paige wire...green clad, and they will never know the difference...and you made it clear that the fence was to keep your dog in, other pests out. They truly can't expect a post and rail fence is going to inhibit four legged creatures.
We said we are fine with a shadowbox if they are adamant about sticking with it. We have not gotten a response. Initially we did not want a shadowbox as we weren't sure about the gap, but we would rather a shadowbox over a post-and-rail.
Their argument about the post-and-rail is that "our neighbors have no issues so you shouldn't have an issue either" .. I am not paying money to put a fence in that may or may not do its job.
That is incorrect in most every state. Typically Rules and Regulations can be changed by the BOD alone. Typically Covenant and Bylaw changes will require a majority of owners voting for.
How the rules and regulations get changed and how covenants and bylaw changes are made are always spelled out in the actually recorded CCRs here....any changes made become amendments that are filed as well. Typically, rules and regulations require majority vote while bylaw changes would require a 2/3 vote.
That is pretty standard for our area, but again....its specific for each HOA how their CCRs were drafted.
I've never heard of a "state" regulating how an HOA votes.
We had a vote to de annex part of the association because the city wanted it for open space... the vote requirement had to follow State Law... it was a big deal and they messed up so the entire vote had to be held again so it could be certified in compliance with State Law... don't know any particulars other than that.
I'm in AL, our state does not muck in the HOA business.....its typically per the CCRs how regulations and rules and bylaws are changed and that is usually neighborhood specific.
Of course, there has been a movement for the past several years and a task force set up with the state in regards to HOAs, so we could be moving towards more regulation at the state level.
But I would be VERY concerned if any HOA board of just a few people had the authority to do something that could impact the neighborhood like changing regulations, such as the fence issue. Ours typically are there to present the ideas and then let the owners vote in favor or not. For me regulations should come with a homeowner vote insuring a sufficient quorum is present.
Some of our HOAs in unfinished neighborhoods are still developer controlled, and I always tell buyers that the developer can at their discretion make amendments to the CCRs so they need to be aware of that...and it will be that way until the developer conveys that authority to the actual homeowners.
In Virginia, a builder can't break ground until the HOA docs are approved by the State. They want to see the whole ball of wax, Articles & Declarations, to CC&R, proposed budgets, plats, you name it, it's needed.
As part of my community rules if you have the dominant side of the property you can place your fences to your neighbor wall for zero property line My Hoa approved it but the city is said no to my permit but 96 properties owner have the fence it to zero property line.. And is written in the home owner documents .. Any suggestions
As part of my community rules if you have the dominant side of the property you can place your fences to your neighbor wall for zero property line My Hoa approved it but the city is said no to my permit but 96 properties owner have the fence it to zero property line.. And is written in the home owner documents .. Any suggestions
It could be the city's code changed since those fences were installed? I would assume that city code overrides what your HOA will allow.
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