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Developer Approval V HOA

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uoflbeth

Junior Member
Kentucky - We recently built a fence that the neigbors are not happy about. We are on a corner lot that the old owners used to allow to be used as a park. We got permission from the county and got a developers approval.

My sureveyor is concerned, however, because in the deed of restrictions it says no fence can be erected from the side of the house to the street. We have a small section that is. The developer signed off on this plan acknowledging that with our unique lot strict application of this was unfair. In the deed of restrictions it says the developer has the right to alter building lines when not in violation of zoning laws. He has not turned the development over to the Homeowners Association. We felt secure in having his approval on two plans for the fence but now with the surveyor saying that may not matter we are a bit concerned. Does anyone have any input on this matter?
 


HomeGuru

Senior Member
uoflbeth said:
Kentucky - We recently built a fence that the neigbors are not happy about. We are on a corner lot that the old owners used to allow to be used as a park. We got permission from the county and got a developers approval.

My sureveyor is concerned, however, because in the deed of restrictions it says no fence can be erected from the side of the house to the street. We have a small section that is. The developer signed off on this plan acknowledging that with our unique lot strict application of this was unfair. In the deed of restrictions it says the developer has the right to alter building lines when not in violation of zoning laws. He has not turned the development over to the Homeowners Association. We felt secure in having his approval on two plans for the fence but now with the surveyor saying that may not matter we are a bit concerned. Does anyone have any input on this matter?
**A: have your attorney or the developer's attorney make the change legal in the CC&R's or other governing documents prior to turn over to the HOA.
 

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