Deed Restrictions

[Diamax]

We live in a park with deed restrictions, on a corner lot.In order to have a fence (Hurrricane with privacy slots)we had to have it approved by the board. They approved it with the stipulation that we keep the bushes up and errect it on the inside of these bushes. We did. Our neighbors across the lake in back of us do not like our fence and have retained a lawyer to get us to pull it down. They have stated that the fence can stay up if we put more bushes up on the inside of this fence so that they do not have to look at it. The board states that this lawsuite is really against them as they have given us a variance for it. There are many variances given in our community for things that are in our restricted deed. I feel that this is now a personal thing.

 

[Tracey]

Clearly your neighbors have way too much time on their hands!

I haven't seen the board's rules, so I'll answer like this is a zoning question before the plannign board.

Since the deed restrictions are administered by a board, the neighbors have to appeal the board's decision under whatever rules the board set. If the board acted within its discretion when it approved the fence, and gave proper notice to everyone, the board's decision stands. Neighbors have waited too long to try to stop it now. I dont' know why the board thinks this was a 'variance.' A variance is what you seek to get permission for something the rules say you can't do. For example, if your lot is too small to build on after making the required setbacks, you can get a hardship variance from the setback rules. Here, fences are allowed after board approval. That's not a variance, it's a conditional use permit. (Allowed only after a hearing and written permission.)

However, as you are going up against a lawyer, you'll need one too. Make sure your lawyer asks for attorney fees if neighbors lose.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited May 29, 2000).]