Question about homeowner rights for privacy in backyard (Howe: HOA, house)

[hulio82]

Our house backs to a greenspace which inturn backs inturn backs to a street. Since the greenspace is owned by the community, the fence is a wrought iron fence and is covered off by trees/bushes/shrubs so our backyard is not directly visible from the street that the greenspace backs. This was one of the reasons we liked the house because 1) we don't have any backyard neighbors and 2) the bushes and shrubbery give us the privacy of a true backyard.

However, when we came home last night, we saw that the bushes/shrubbery were gone. Since the greenspace is a common area, the HOA is responsible for maintaining it and i'm assuming they had it cleared out. Now, our backyard is directly visible from the street and we no longer have any privacy in our back yard.

My question is- as a homeowner, what rights do we have for privacy in our back yard? I plan to go to the HOA to discuss this but just trying to think through some of the discussion points. Since the Greenspace is owned by them, they are free to maintain it as they please. Trying to see if there's any argument i can make. While purchasing the house, the builder had mentioned that they plan to have the trees, bushes, shurbs, etc. to give us the privacy, but this was just a verbal discussion.

I did review our deed restrictions and couldn't find anything specific to this.

I have attached a picture of what our backyard lookedlike prior to yesterday. you can see that the trees and shurbs past the wrought iron fence created a barrier and gave us our privacy.

Any help will be appreciated!!!

[Cbink]

Phone up the management company responsible for the HOA and ask them if there are plans to replant there.

Other than that, you can plant along the inside of your fence line to create privacy.

I'd be very surprised if there was anything in the deed restrictions about what the HOA has to have on the greenspace outside your fence, sorry.

[midwest61021]

Move to a HOA free area? HOA= Gestapo

[Sampaguita]

Originally Posted by Cbink

Phone up the management company responsible for the HOA and ask them if there are plans to replant there.

Other than that, you can plant along the inside of your fence line to create privacy.

I'd be very surprised if there was anything in the deed restrictions about what the HOA has to have on the greenspace outside your fence, sorry.

^^This. I don't think they have any responsibility to provide homeowners with privacy landscaping and the developers will pretty much say anything to make things enticing.

I can't believe they took down all that green landscaping/trees, though. That would upset me but I don't think you have any recourse except to plant privacy landscaping inside your fence line.

[Cbink]

Originally Posted by Sampaguita

^^This. I don't think they have any responsibility to provide homeowners with privacy landscaping and the developers will pretty much say anything to make things enticing.

I can't believe they took down all that green landscaping/trees, though. That would upset me but I don't think you have any recourse except to plant privacy landscaping inside your fence line.

Yeah, looking at the shrubbery and trees they all looked nice and mature, not too sure why they would have taken them down either, unless they were damaged in some way and posing a potential hazard.

[jj11801180]

Probably making room for a Walmart.

[hulio82]

thanks for the responses. i plan to also ask the HOA if we can put up our own wood fence.

[GTRdad]

well that sucks but that could be a blessing because that fence is asking for trouble

[Cbink]

Originally Posted by hulio82

thanks for the responses. i plan to also ask the HOA if we can put up our own wood fence.

I think the chances of that are slim to none. They normally require yards backing on to common area to have wrought iron fences with no exceptions.

[hulio82]

Originally Posted by Cbink

I think the chances of that are slim to none. They normally require yards backing on to common area to have wrought iron fences with no exceptions.

i agree, but i'm going to ask. the only difference with this common area is that it does not house a park, or has a trail. literally, its just a piece of greenspace and the only way to get to it is to jump the fence or access it from the street. Every now and then, people who live down the street (not part of our community) will bring their dogs there to walk them.