W
wdme1
Guest
Colorado
This is close to a prior thread (Clare70) but I felt I needed additional clarification. I have built a wood privacy fence (72" high) in my backyard with the posts inside of my property line but the smooth or finished side is facing my property. The Architectural Standard reads, "Configurations: maximum 72" high in side or rear yards and posts must be on the inside." I have received a letter from my HOA that I must finish the side of the fence facing my new neighbors (The new neighbors closed on the spec home in June while my fence was contracted in February). I have two problems. First, I feel the standard is vague and that the HOA is interpreting the standard how they "intended" for it to be written. Intention and reality are two different things. Second, there are 15 homes in the development with fences like mine as well as numorous PVC(vinyl) fences that have posts and bracing visible on both sides of the fence. I feel everyone must conform if they make me conform. The HOA says that only I have to conform because only "direct" neighbors can complain about fence issues and only my direct neighbor has complained. This direct neighbor loophole isn't stated anywhere in the Declaration of Residential Covenants, Conditions, and Restrictions document and I feel they are creating rules to wiggle out of the pain of enforcing a rule that has gone unenforced since the development started three years ago. Do they have the right to single me out? Sorry for the longevity.
wdme1
This is close to a prior thread (Clare70) but I felt I needed additional clarification. I have built a wood privacy fence (72" high) in my backyard with the posts inside of my property line but the smooth or finished side is facing my property. The Architectural Standard reads, "Configurations: maximum 72" high in side or rear yards and posts must be on the inside." I have received a letter from my HOA that I must finish the side of the fence facing my new neighbors (The new neighbors closed on the spec home in June while my fence was contracted in February). I have two problems. First, I feel the standard is vague and that the HOA is interpreting the standard how they "intended" for it to be written. Intention and reality are two different things. Second, there are 15 homes in the development with fences like mine as well as numorous PVC(vinyl) fences that have posts and bracing visible on both sides of the fence. I feel everyone must conform if they make me conform. The HOA says that only I have to conform because only "direct" neighbors can complain about fence issues and only my direct neighbor has complained. This direct neighbor loophole isn't stated anywhere in the Declaration of Residential Covenants, Conditions, and Restrictions document and I feel they are creating rules to wiggle out of the pain of enforcing a rule that has gone unenforced since the development started three years ago. Do they have the right to single me out? Sorry for the longevity.
wdme1