What is the name of your state? Florida.
I live in an HOA gated community.The community has a double circle of homes. The inner circle has a pond in the center with 20 houses around it.6 of the homes property does not actually go right to the pond.Each owner paid a $9000 Lot Premium .The ones not directly on the pond were told they still had to pay a premium for the view.The other 29 lots are across the street .They did not pay the premium.We are all between the street And the outer wall.
On one end of the pond a home was built by the developer that blocks one home from the pond . Now that owner of the home already blocking 1 home has put up a fence .The fence blocks 2 more owners from the pond.Making 3 homes now out of a pond view.
These owners are upset bcause they now have no view of the pond.
The fence was constructed after approval by the prior ARB.The current Board has no ARB because they still have not devoloped rules for the community.The community just transferred from the developer to the Owners.
I am a member of the current Board.To me it appears we can use 2 things to have the fence removed?
#1. The Covenants call for fences with no exposed posts.His are exposed.
#2. He provided a plan,as required by the prior ARB.They approved a 100x175x 142 foot fence.The diagram shows it running 142 ft.from the back lot line to the center of the home(left side).On the right it goes 175ft. ,ending near the front of the garage.
It is completed now.However it stops at the rear of his home on each side.
Our covenants further state: If a plan is altered after ARB approval ,The same shall be deemed to have been undertaken without ARB approval. In my understanding his alterations __Make his plans void.
The problem is.Our Mgmt.Co.will not do anything.
The new Board at the June meeting has discussed the fence issues or the center & had it under consideration.When he started I ask the Mgmt. co. to stop him.Today he finished the fence.
They say it is constructed & there is nothing we can do?
It also encroaches on a 25 ft drainage easement in the back of his property.
The easement is 25 feet deep by 100 across.
He has told his blocked nieghbors that if they do not like it they can move!!
---Any help??
I live in an HOA gated community.The community has a double circle of homes. The inner circle has a pond in the center with 20 houses around it.6 of the homes property does not actually go right to the pond.Each owner paid a $9000 Lot Premium .The ones not directly on the pond were told they still had to pay a premium for the view.The other 29 lots are across the street .They did not pay the premium.We are all between the street And the outer wall.
On one end of the pond a home was built by the developer that blocks one home from the pond . Now that owner of the home already blocking 1 home has put up a fence .The fence blocks 2 more owners from the pond.Making 3 homes now out of a pond view.
These owners are upset bcause they now have no view of the pond.
The fence was constructed after approval by the prior ARB.The current Board has no ARB because they still have not devoloped rules for the community.The community just transferred from the developer to the Owners.
I am a member of the current Board.To me it appears we can use 2 things to have the fence removed?
#1. The Covenants call for fences with no exposed posts.His are exposed.
#2. He provided a plan,as required by the prior ARB.They approved a 100x175x 142 foot fence.The diagram shows it running 142 ft.from the back lot line to the center of the home(left side).On the right it goes 175ft. ,ending near the front of the garage.
It is completed now.However it stops at the rear of his home on each side.
Our covenants further state: If a plan is altered after ARB approval ,The same shall be deemed to have been undertaken without ARB approval. In my understanding his alterations __Make his plans void.
The problem is.Our Mgmt.Co.will not do anything.
The new Board at the June meeting has discussed the fence issues or the center & had it under consideration.When he started I ask the Mgmt. co. to stop him.Today he finished the fence.
They say it is constructed & there is nothing we can do?
It also encroaches on a 25 ft drainage easement in the back of his property.
The easement is 25 feet deep by 100 across.
He has told his blocked nieghbors that if they do not like it they can move!!
---Any help??
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