HOA fence question, with in our rights neighbor pissy (insurance, lawyer)

[griffin_nc]

Question...

We submitted and pretty much verbally ok for the same fence for our pool that about a dozen other homes just on our street have. There is no formal process as is it a one man thing. Before doing so we discussed with our neighbors our wishes for a fenced in pool area. We have huge lots and open space. No one said anything. One grouch has went and complained about having a fenced lot beside them because they paid a lot for their retirement home and did not want their view to change or property value to go down. Now we are being harassed by the HOA about our wishes. We are fully with in our signed laws, we did exactly what he asked if us etc.... A week before breaking ground he comes to us pushing us back saying they complained and now it is not approved. We told him he we would fence just the pool, we still caught hell.

Can some pissy opinion of a neighbor who does not want a fenced lot beside them at all have this much power? The HOA man is coming out Monday after leaving us in a rude and unfair position before packing up to go home. They are still building out here so there is no larger company or comity.

How do we handle this Monday?

[griffin_nc]

Btw, this is not a retirement neighborhood they just bought the home as such.

[UsernameAlreadyTaken]

if the neighbor comes on your property, tell him he is trespassing.

[Rockside]

Where do you live? Does your city/county not require a fence around your pool? I thought that was a pretty standard thing in the upstate - can't have a pool if the pool or property isn't enclosed.

[cully]

Did you get permission to put in your pool? Then start. Most likely you need a fence per muni law.

If the topic of fences is in your covenants/bylaws...that means you are allowed to have them with approval at least. So your neighbor read the same covenants you did and knew he could have a pool and fence and dozens of kids next door to him with you or any future owner.

[flgargoyle]

Not only do most municipalities require a pool fence, but your insurance company might, too. I know ours did.

[griffin_nc]

Yes, we all have the same rules and rights. We spent months planning this to code and with in the HOA rights from the pool specs to the proper fence. We made sure elevations were taken into account etc. way more than most. We spoke to our neighbors on each side of us out of kindness and unlike most houses said we were not going to the property line. No need to, large lots. We were not out to harm anything. No one spoke up. Several back and forth convos with the builder/HOA which is a one man thing all systems fine. We offered to draw things out, asked for forms etc because we were used to heavy paper work from another lived in HOA. Not required. Send in an email for filing. Done. Same process everyone else does for everything. Just his way, needs more IMO.

Fast forward. Neighbor suddenly decides as we have company out to get ugly. Instead of mentioning anything to us they go to the builder who already said we were following code and wants it stopped. They do not want the view of a fence or a pool. He in turn sounds like he is back tracking, favoring etc.

Upon a conversation yesterday with him he tells us if someone complains he can change his mind. He also states had they not we could have broke ground. No where did we sign to that. There are tons of these same fences and about a dozen pools. Thus, he left us hanging that he would be out on our land Monday to look and review. No one has been approved or treated this way. Ever! He has never set foot on property nor does he follow the own violation rules in it but we do not stick our nose there.

Our neighbors came to us today since this post. They were not understanding, they did the whole entitled property we do not want to see your pool or fence speech. No comment to the fact we are with in our rights but they were not nice. It made it hard to be in return. I do not appreciate being told fences are ugly and if we want to put our disabled son in a pool we should join the Y.

So now we are going through a process that is unfair, unjust and not equal to the rest of the subdivision. Some one asked where... Saddlehorn. The rural living where your HOA papers really are over ruled by a grouchy old couple.

[Skunk Workz]

Originally Posted by griffin_nc

Yes, we all have the same rules and rights. We spent months planning this to code and with in the HOA rights from the pool specs to the proper fence. We made sure elevations were taken into account etc. way more than most. We spoke to our neighbors on each side of us out of kindness and unlike most houses said we were not going to the property line. No need to, large lots. We were not out to harm anything. No one spoke up. Several back and forth convos with the builder/HOA which is a one man thing all systems fine. We offered to draw things out, asked for forms etc because we were used to heavy paper work from another lived in HOA. Not required. Send in an email for filing. Done. Same process everyone else does for everything. Just his way, needs more IMO.

Fast forward. Neighbor suddenly decides as we have company out to get ugly. Instead of mentioning anything to us they go to the builder who already said we were following code and wants it stopped. They do not want the view of a fence or a pool. He in turn sounds like he is back tracking, favoring etc.

Upon a conversation yesterday with him he tells us if someone complains he can change his mind. He also states had they not we could have broke ground. No where did we sign to that. There are tons of these same fences and about a dozen pools. Thus, he left us hanging that he would be out on our land Monday to look and review. No one has been approved or treated this way. Ever! He has never set foot on property nor does he follow the own violation rules in it but we do not stick our nose there.

Our neighbors came to us today since this post. They were not understanding, they did the whole entitled property we do not want to see your pool or fence speech. No comment to the fact we are with in our rights but they were not nice. It made it hard to be in return. I do not appreciate being told fences are ugly and if we want to put our disabled son in a pool we should join the Y.

So now we are going through a process that is unfair, unjust and not equal to the rest of the subdivision. Some one asked where... Saddlehorn. The rural living where your HOA papers really are over ruled by a grouchy old couple.

Sounds like it's time to have a lawyer look at the HOA rules, and send them a letter.

[cully]

Yes, lawyer.

Don't take the position of being the underdog. Take the position of your complaining neighbor. You be the one to complain now. The developer will let the loudest squeakiest wheel win. He will go with the complainer. So, if he's going with the neighbor, you do what the neighbor does. Then maybe the developer will get some adult behavior and work it out.

List anything you spent. TELL him you are stating fact to anyone who asks how things are in Saddlehorn. You have certain rights to state truth that is not libel or slander. Look that up.

Remind him how far out it is already and it's too bad your friends with families who ask how it is will now hear these stories.

Get social media involved. Get on FB. Pix of kiddies with floats and no pool to go to. Pix of machinery that was going to start...and no pool.

There is probably a group that regulates Common Interest Communities in your state. You can let them know your developer is changing the bylaws for whoever he wants to sell to. Send copies to the developer.

Contact your local media. Hot summer...slow news...they may print a pic and a small article.

Maybe the developer will get...well, grown up a little...and honorable at some point if only to not be bothered.

[lyricamphibian]

Is there a covenant in your deed or is it an ad hoc HOA?