Issue with HOA, advice needed! (autistic, child, old, people)
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We live in a small private community in PA. My son is 3 years old, and has very recently started running. Our front porch has a gate on it so he generally won't go out the front door. But the back deck leads right out into the woods behind us.
Obviously we are taking all the precautions we can inside the home, but we still want to be sure the outside is safer if he does actually get past the locks. Unfortunately our community doesnt permit fencing because of wild animals. The most you can have is chicken wire around your plants so deer wont eat them. I can keep my tulips safe but not my son!
Im getting ready this week to present my case to the architectual control committe to get the permission for fencing. I want to make sure I have all of my bases covered and give them as much information as possible on eloping and autism safety so they dont give me a hard time.
If anyone has gone through a process like this or has any great info/links/articles I'd love some help. Thanks in advance!
Can't you put a gate at your stairs from the deck? That is what I did when my son was little. I never have had a fence at any home. I just lock the doors when we are inside, so he couldn't get out . . . and later, put the latch up high on the screen door so he couldn't unhook it. When he was out on the deck, I had a deck gate (made it) and now, to keep my doggie on the deck, I am using one of those heavy duty child gates at the top of the steps that lead down to the back yard.
I guess my question is - you don't let him out on the deck by himself, right? So if he is running around and you are there . . . I would expect people to feel you have responsibility for looking out for him and keeping him out of the woods.
I have not had any luck w/ architectural control committees, sorry to report. Have something to hand out on elopement so they will not just be listening, but will have something concrete to read again later. Maybe by appealing to their good sense about what it would mean to have a child wandering if you don't get the fence. We had an incident here in NC w/ an autistic child who wandered off, it seems to me. I believe it was later discovered he heard them calling his name but was uncertain that he should respond. So maybe you should research that type of info and explain that should he wander . . . he may not even answer a search party's call for him.
Good luck! Sometimes these committees can be totally entrenched and won't bend a bit. That has been my experience but I do hope your situation will be greeted w/ more open minds.
Yes, HOA boards and committees generally have as their goal maintaining the rules and regs, and when you think about it that does make sense...
If I were to make such a presentation, I would include an 8-1/2 x 11 letter from your son's doctor, on the DR's (or hospital's) letterhead stationery, explaining in easy English the definition of your child's condition, and the likely or possible consequences to the child of wandering off into the woods. You might want to write out such an explanation as a draft, give it to your DR, let him/her edit at will, review it, but make certain it is signed and on official stationery. As recommended by a poster above, make more than enough copies so that each member will be able to read her or his own copy.
REVIEW YOUR HOA'S RULES AND REGS to find out WHO would be legally liable in the event an owner's resident child walks from private (owner) property onto public (shared) property. If the HOA has or shares legal responsibility, you need to quote that reg and urge them to consider the potential unhappy medical, police, or other legal liability for the HOA. I don't mean to suggest that you try to frighten the committee; remember that you are a member of the entire condominium. What I'm suggesting is that they may need to be reminded gently but firmly that there can be unhappy consequences for occurrences on shared (public) property, and protecting against such events is always worth a lot more than the "cure" after an event happens.
I would suspect you won't get far with the HOA since you probably saw the area had no fences when you purchaed the home. You will probably get resistance from your neighbors since your fence would look out of place next to their home.
Well honestly my neighbors can kiss it if they actually gave resistance, but luckily we have very few and understanding people living here. The fence would be the same height and color that people are allowed to use in small areas to protect their plants.
We had no children when we moved here, no less a child with Autism, so obviously fencing wasnt a concern then. Just as decent human beings I really can't imagine they would deny me, but I'm prepared for the worst!
Well honestly my neighbors can kiss it if they actually gave resistance, but luckily we have very few and understanding people living here. The fence would be the same height and color that people are allowed to use in small areas to protect their plants.
We had no children when we moved here, no less a child with Autism, so obviously fencing wasnt a concern then. Just as decent human beings I really can't imagine they would deny me, but I'm prepared for the worst!
I would be prepared to get a big "no" from the HOA. If you signed the agreement that stated no fences, they will most probably not even consider your request.
I really don't see any way around this. If they won't give you an exception you will not be able to put up a fence. Lawsuits RARELY work in these instances, so don't threaten unless you really intend to go through with it...and really you will be throwing money away if you do try to go around the HOA legally. Plus once you mention lawsuit, your neighbors will react VERY negatively.
Good luck, but I don't see this happening. Maybe time to move.
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