Restrictions & Covenants

[Director]

from florida:a legal interpretation of the following association restriction;
no wall,fence,or hedge over six(6)feet in height shall be erected,placed,altered,maintained, or permitted to remain on any lot unless and until the height type and location thereof have been approved by the Architectural Control Committee.
Can I legally read this to mean that any fence under six(6)feet can be erected without approval of AC Committee?

 

[HomeGuru]

Yes but I would request approval anyway and get written approval or written statement by the AC stating "no approval needed".

 

[Director]

reply to home guru. restrictions & covenants

The concern is that the fence had already been erected
based upon what appears to be a correct intrepretation
of the restriction. Now the ACC wants the fence taken down
when they actually had no juristriction over a fence 6ft or less in height and the fence meets all city codes.

 

[HomeGuru]

Then tell the ACC don't fence me in. And to show you provisions in the HOA documents stating that you are in violation of any By-Laws, House Rules etc.