prvcy fnce & stmnt of commitments

[AdamzAlexander]

What is the name of your state? Indiana

I purchased a home in a new subdivision. I received a copy of the covenants and restrictions which did not have anything listed against a privacy fence. Then after I moved in to the house I requested an approval for a privacy fence which was denied. Aparently, my sales person failed to give me a copy of the Statement of Commitments associated with the subdivision and the city which states that privacy fences are not allowed. What options do I have? Can I hold the sales person responcible or can I get the Commitments changed?

[HomeGuru]

Originally posted by AdamzAlexander
What is the name of your state? Indiana

I purchased a home in a new subdivision. I received a copy of the covenants and restrictions which did not have anything listed against a privacy fence. Then after I moved in to the house I requested an approval for a privacy fence which was denied. Aparently, my sales person failed to give me a copy of the Statement of Commitments associated with the subdivision and the city which states that privacy fences are not allowed. What options do I have? Can I hold the sales person responcible or can I get the Commitments changed?

**A: your sales person is responsible. Contact this person and their principal broker and find out why you were not given all the required documentation.

[AdamzAlexander]

The sales person said that she never told us that we could have a privacy fence and that she gave us a copy of the covenants when we approached her after our request had been denied. We did not find out until our first homeowners association meeting that there were two documents involved 1) Covenants and Restrictions and 2) Statement of Commitments. The Covenants do not mention fencing except for the pond area... it is in the Statement of Commitments (an agreement with the city from 1987) where there are limitations on fencing. The developer told us that all builders in the subdivision were aware of the Statement of Commitments. Our sales person will no longer return our calls on the subject. Rather than go after our sales person - I just really want a privacy fence. What should I do to be able to put up a fence? How would I go about asking the city for a variance to the Statement of Commitments? Several (12 or so) homes in the subdivision have put up privacy fencing without any approval. If I do not have any options for a fence, can I get monitory compensation because my sales rep did not disclose all information at the time of the sale?

[HomeGuru]

Originally posted by AdamzAlexander
The sales person said that she never told us that we could have a privacy fence and that she gave us a copy of the covenants when we approached her after our request had been denied. We did not find out until our first homeowners association meeting that there were two documents involved 1) Covenants and Restrictions and 2) Statement of Commitments. The Covenants do not mention fencing except for the pond area... it is in the Statement of Commitments (an agreement with the city from 1987) where there are limitations on fencing. The developer told us that all builders in the subdivision were aware of the Statement of Commitments. Our sales person will no longer return our calls on the subject. Rather than go after our sales person - I just really want a privacy fence. What should I do to be able to put up a fence? How would I go about asking the city for a variance to the Statement of Commitments? Several (12 or so) homes in the subdivision have put up privacy fencing without any approval. If I do not have any options for a fence, can I get monitory compensation because my sales rep did not disclose all information at the time of the sale?

**A: what did the principal broker respond to you with?

[AdamzAlexander]

I guess that I don't know exactly what you mean. Our sales person works for Davis Homes. They are a builder. I do not have any contact information for the Davis Homes Corporation. So, I guess that you are telling me that I need to find a contact at the Davis Homes - home office and what?, file a complaint against my sales person. How is that going to help me get a fence? I might keep her from telling other buyers something that is not true but I can't see how that is going to help me now. I have already bought the house. You keep asking me questions without answering mine. So, I can only assume that you don't really know if I can ask the city for a varriance to the Statement of Commitments.

[HomeGuru]

[QUOTE]Originally posted by AdamzAlexander
[B]I guess that I don't know exactly what you mean. Our sales person works for Davis Homes. They are a builder. I do not have any contact information for the Davis Homes Corporation.

**A: Look, I could care less if the builder was Sammy Davis Homes. Who the heck does the sales person work for? Who is the boss? Is the sales person licensed to sell real estate? Does the salesperson work under a licensed real estate principal broker? Start doing some more legwork.

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So, I guess that you are telling me that I need to find a contact at the Davis Homes - home office and what?, file a complaint against my sales person.

**A: Duh!
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How is that going to help me get a fence? I might keep her from telling other buyers something that is not true but I can't see how that is going to help me now. I have already bought the house. You keep asking me questions without answering mine. So, I can only assume that you don't really know if I can ask the city for a varriance to the Statement of Commitments.

**A: ok, you can ask the City but I can tell you what the City response will be. No variance.