Hoa fences-neighbors

[Darryl32]

My wife and I happily moved into our single-family home in 2009. We happen to have the largest yard on the street and would like to build a fence around our yard to create some boundary between us and our neighbors. Our one neighbor "Tom" tends to mow our lawn, as he seems unfamiliar with what's "his" and what's "ours".

We asked both neighbors (on both sides of our house) to "acknowledge that we would be building a fence" within the next year per the HOA form. Both neighbors declined, as they feel the fence would make the yards smaller. Tom the one neighbor who likes to mow our lawn says his kid has nowhere to play once the fence is built.

Now chaos has insued, as I believe "Tom" is having everyone on our street and GOD knows who else sign a petition against our fence, and all may show up at the HOA meeting coming up. My question is, as long as we follow the HOA guidlines/covenants rules can the neighbors have any influence? I mean the whole thing is ridiculous (in my opinion), but I want to be prepared incase the neighbors show up at this meeting and what I can expect. All advice is really appreciated.

Thanks,
Darryl

 

[CLJM]

My wife and I happily moved into our single-family home in 2009. We happen to have the largest yard on the street and would like to build a fence around our yard to create some boundary between us and our neighbors. Our one neighbor "Tom" tends to mow our lawn, as he seems unfamiliar with what's "his" and what's "ours".

We asked both neighbors (on both sides of our house) to "acknowledge that we would be building a fence" within the next year per the HOA form. Both neighbors declined, as they feel the fence would make the yards smaller. Tom the one neighbor who likes to mow our lawn says his kid has nowhere to play once the fence is built.

Now chaos has insued, as I believe "Tom" is having everyone on our street and GOD knows who else sign a petition against our fence, and all may show up at the HOA meeting coming up. My question is, as long as we follow the HOA guidlines/covenants rules can the neighbors have any influence? I mean the whole thing is ridiculous (in my opinion), but I want to be prepared incase the neighbors show up at this meeting and what I can expect. All advice is really appreciated.

Thanks,
Darryl

I am familiar with PIR's (Property Improvement Requests) yours might use a different name. An "acknowledgement" from the neighbors of a proposed improvement is not a neighbor "approval" or "disapproval"---rather just an acknowledgement that they are aware their neighbor proposes to do something. Once the form is completed and turned in, the HOA management then is assured the neighbors were made aware and it is the neighbors responsibility if they want to question or speak against the proposal. The committee will view the property and the proposal and will make sure it complies with the HOA architectural guidelines that are in effect. If it meets the standards of compliance, then neighbor concerns MAY be taken into consideration, but certainly not to the detriment of what the property owner in compliance has a right to have.
ex: a play area may meet all guidelines but one neighbor would like it not to be built outside his bedroom window. If it's no big deal --- the play area can be agreed to be moved to another area.

In your specific case..and depending on your governing documents, as a board member, my position would be---if the propsed fencing meets all HOA criteria, the neighbors concern about using your property for mowing or playing---or, that it makes their yards look smaller, would have no bearing on the approval.

Let us know how it works out for you.

 

[csi7]

If you have pictures of your mowed area when your neighbor mows their yard, it can be presented, if needed.
We did this when our neighbor complained about our flower bed going down the property line. After the dust settled, it turns out that there is a three foot easement for utility lines. Yes, we have permission from utility company in writing. There is a ten foot natural barrier choice between properties that can be used as needed for privacy, and our flower bed meets the requirement-we took pictures of the measurements to present.
As stated, acknowledgement not approval is the key word to use in presenting your case.
I'm interested as well to know the results.
Best wishes!

 

[mitchelt]

I am the president of our HOA and and have been on it for 10 years in different positions.

In our community all we are concerned about is if the request meets and follows the guidelines...as long as it does the neighbors have no basis for a complaint and we would NOT take into consideration any of their input.

If the HOA says no to your fence even though others have a like fence, I would advice them you are going to seek legal council.

PLEASE let us know what happens.