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HOA has not granted me permission to get rid of my old rod iron fence because it is a "view fence". I would have a view but there is about 2 dozen trees blocking it. The only true view I do have is that of my neighbors backyard.
I want to replace the rod iron fence with a white vinyl fence (like the surrounding yard has) due to wanting a little bit of privacy for both myself and my neighbor.
I read the HOA rules and regulations on fences and no where does it say anything about view fences Even though the lyrics keep telling me I cannot replace it due to it being a view fence.
Are there any laws or regulations that they are breaking by not letting me build this fence?
I will be going to the board meeting this next tuesday, I just want to make sure I go in there fully prepared to fight for my fence.
A view fence is generally a fence for enclosure that you can still see through...as opposed to the privacy fence style. (And I think you are talking about wrought iron? Although they're likely not wrought these days)
A few ideas. In addition to the rules on fences also check your Covenants at the beginning where they talk about the goals and dreams of the community. It may address things like homes and yards situated for a view of each home...or situated for a good breeze from wherever with no solid obstruction. That kind of thing could be interpreted to mean a view fence instead of a solid privacy fence.
Unless that's in there, don't mention it at the meeting. Do note your yard has no view. Count the number of neighbors nearby with completely enclosed yards.
Be prepared to stand your ground that you will obey the rules and covenants, etc but not something made up on the spur of the moment. You depend on the board to keep things uniform as their function is to maintain property values...not make things up that are not in writing.
Do leave room in your thoughts for the fact that new rules can be passed. Then you'd have to have the date and why you were not notified and request a copy immediately which they should be able to supply you right then and there. And not go someplace to make it up and type it out.
HOA has not granted me permission to get rid of my old rod iron fence because it is a "view fence". I would have a view but there is about 2 dozen trees blocking it. The only true view I do have is that of my neighbors backyard.
I want to replace the rod iron fence with a white vinyl fence (like the surrounding yard has) due to wanting a little bit of privacy for both myself and my neighbor.
I read the HOA rules and regulations on fences and no where does it say anything about view fences Even though the lyrics keep telling me I cannot replace it due to it being a view fence.
Are there any laws or regulations that they are breaking by not letting me build this fence?
I will be going to the board meeting this next tuesday, I just want to make sure I go in there fully prepared to fight for my fence.
It's not in the HOA rules and regulations, but it's in the HOA song?
HOA has not granted me permission to get rid of my old rod iron fence because it is a "view fence". I would have a view but there is about 2 dozen trees blocking it. The only true view I do have is that of my neighbors backyard.
I want to replace the rod iron fence with a white vinyl fence (like the surrounding yard has) due to wanting a little bit of privacy for both myself and my neighbor.
I read the HOA rules and regulations on fences and no where does it say anything about view fences Even though the lyrics keep telling me I cannot replace it due to it being a view fence.
Are there any laws or regulations that they are breaking by not letting me build this fence?
I will be going to the board meeting this next tuesday, I just want to make sure I go in there fully prepared to fight for my fence.
It all depends on what exactly the HOA covenants say.
If your neighbor has the white vinyl fence that you want, and it's legal, there is a chance that type is allowed. But you need to be sure you know EXACTLY what is allowed before you try to "fight" for an illegal fence.
If you install one that is not allowed, the HOA definitely could force you to remove it at your expense and could place a lien on your home if you don't.
I would ask the neighbor that has the white fence. They can point you to how they got theirs if it's legal. If they are being fined for it, then you are out of luck as well.
I would ask the neighbor that has the white fence. They can point you to how they got theirs if it's legal. If they are being fined for it, then you are out of luck as well.
There's your answer right there.
If there is any permitted, or unchallenged, white vinyl fence in your community, you "should" be able to replicate that fence.
If a double standard exists...we have it in my community where a solid fence has been allowed to exist because the HOA was too weak to enforce their own rules....then the door is open for a legal challenge. But do you really want to go down that road in the community where you live?
You'll need to read between the lines and then you'll see that what you want is not allowed.
People that live in an HOA Community what uniformity and what your planning doesn't cut it.
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