Gate built on side of my house

[tdsails]

I live in GA and I have recently constructed a gate that is attached to the front corner of my house on one side and to a post on the other side. The gate's only purpose is to hide our 24 foot pontoon that is sitting beside the house. The president of our homeowners association recently visited and said that the "fence" did not meet covenant requirements, as the covenants state that fences must be at least half way down the side of the house. We explained to her that there was no fence there, only a gate to close once the pontoon was backed beside the house. We went on to explain that the only reason we put the pontoon beside the house instead of the driveway was to stay within compliance with the community covenants. She was adamant that the "fence" as she calls in is not within covenant requirements. Here is my question; Can a gate be just a gate? There are two post with swinging doors on them. No fence slats or fence material of any kind. Only two gates. The covenants do not mention a gate, only fences. Do I have a legal leg to stand on based on the argument that I have a gate and not a fence?

 

[tranquility]

From the http://www.thefreedictionary.com/fence:

fence (fns)
n.
1. A structure serving as an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire, or rails.

Sounds like what you describe is a fence to me.

 

[xylene]

OK - before you muddy the waters worse with self help, you need to consult a laywer.

Seriously, you have a nice house and a boat.

Don't go DIY on this fight that you have with HOA and the president.

It will be a lot cheaper then boat storage.

PS - how exactly does this gate "hide" the boat to be in compliance if it slat less and shallow as you describe?

(This sounds like it is about your party boat.)

 

[tranquility]

While a lawyer is always a good idea, here's the real problem. The decision by the HOA board is presumptive in any case you file. If they say it is a fence, it is a fence until you can prove otherwise. The real trick is to get the board or whoever makes the decision agree with you. Fighting something like this in court is almost impossible, expensive and tends to cheese all your neighbors off.

 

[tdsails]

OK - before you muddy the waters worse with self help, you need to consult a laywer.

Seriously, you have a nice house and a boat.

Don't go DIY on this fight that you have with HOA and the president.

It will be a lot cheaper then boat storage.

PS - how exactly does this gate "hide" the boat to be in compliance if it slat less and shallow as you describe?

(This sounds like it is about your party boat.)

My wife and I have already discussed retaining a lawyer. I just wanted to see what other folks out there thought about the situation. Sorry about not being clear on the construction of the gate. The gate itself is a two 6 foot vinyl panels. I was stating that there was no fence on either side of the gate. Just two panels on post.

 

[justalayman]

My wife and I have already discussed retaining a lawyer. I just wanted to see what other folks out there thought about the situation. Sorry about not being clear on the construction of the gate. The gate itself is a two 6 foot vinyl panels. I was stating that there was no fence on either side of the gate. Just two panels on post.

would that be 2 fence panels?



you have done a good job of describing a fence. One designed to be movable but still a fence.

 

[xylene]

you have done a good job of describing a fence. One designed to be movable but still a fence.

Oh, one of them moveable fences?

A gate is not in and of itself a fence.

A gate CAN BE part of a fence.

A gate can also be a control structure or part of a building.

You should know because you looked it up.

That does not mean the OP is compliant with the gate or the boat...

 

[justalayman]

You should know because you looked it up.

what the hell are you talking about? I looked up nothing regarding a fence or gate.



question: what's it called when you install a line of 25 4 foot wide gates

answer: a 100 foot fence



but here, let me use your description of the term

I have a car. It has a door. My insurance only covers body damage. The door is damaged. Does the insurance cover it?

 

[xylene]

what the hell are you talking about? I looked up nothing regarding a fence or gate.



question: what's it called when you install a line of 25 4 foot wide gates

answer: a 100 foot fence



but here, let me use your description of the term

I have a car. It has a door. My insurance only covers body damage. The door is damaged. Does the insurance cover it?

It may not, particularly if the door was open, and that is from real not hypothetical insurance.

You cite the "thefreedictionary.com" then,
You "what the hell" me over something you posted ~1 hour ago?

The poster gate issue is not so open and shut. But as I have repeatedly pointed out this is all about party boat, not gate.

 

[justalayman]

It may not, particularly if the door was open, and that is from real not hypothetical insurance.

You cite the "thefreedictionary.com" then,
You "what the hell" me over something you posted ~1 hour ago?

The poster gate issue is not so open and shut. But as I have repeatedly pointed out this is all about party boat, not gate.

Um, you might want to check on who cited thefreedictionary. It wasn't me.


and unless the HOA has a problem with the boat, and OP has not related such in this thread, it is not an issue.

 

[FarmerJ]

LOL I so now am wondering if you could say use weighted down artificial (extra bushy ) tall xmas trees to provide the barrier to block that area from view and not be in violation of any so called rules re plantings ???? ( soon enough second hand stores will have them out) {weighted down because then they are not permanent then }

 

[tranquility]

It may not, particularly if the door was open, and that is from real not hypothetical insurance.

You cite the "thefreedictionary.com" then,
You "what the hell" me over something you posted ~1 hour ago?

The poster gate issue is not so open and shut. But as I have repeatedly pointed out this is all about party boat, not gate.

It was I who used the source. Why? Black's uses "fence" only as a person who buys and sells stolen goods. That is not going to be helpful. But, when the judge takes judicial notice of what a fence is, what definition will he use?

 

[quincy]

. . . when the judge takes judicial notice of what a fence is, what definition will he use?

In Detroit, the judges do not use the "freedictionary" or Webster's or even Black's. They use the Urban Dictionary. And the definition of "fence" according to the Urban Dictionary is "cool, phat, good."

So, if tdsails' were to take this matter before a Detroit area judge, the judge could potentially rule that the "fence was fence," which would confuse everyone. That is why fence disputes rarely wind up in court around here and why I don't think court is the proper place for this dispute, either.



("gate" is defined as a "gay date," so gate disputes often rile everyone up)

 

[154NH773]

Can a gate be just a gate? There are two post with swinging doors on them. No fence slats or fence material of any kind. Only two gates. The covenants do not mention a gate, only fences. Do I have a legal leg to stand on based on the argument that I have a gate and not a fence?

My opinion (and that's all you get on this forum; opinions) is that you have a fence. A gate in its resting state is a fence.

If they allow the boat to be where it is, and not screened, then remove the gate.

If they only allow a stored boat out of sight, then attach the two gates to the back of the trailer (in a manner that can be easily removed for travel).

 

[tdsails]

My opinion (and that's all you get on this forum; opinions) is that you have a fence. A gate in its resting state is a fence.

If they allow the boat to be where it is, and not screened, then remove the gate.

If they only allow a stored boat out of sight, then attach the two gates to the back of the trailer (in a manner that can be easily removed for travel).

Hummmmm... Im liking this idea.. Thanks