HOA overturns ACC ruling, disregards regulations

Started by RobinL1 • 8 replies • 2462 views

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RobinL1 (Florida)
Posts: 17

Posted:

Anyone have any experience with the HOA deciding for the homeowners fencing, which is not allowed according to the docs, and overriding the ACC disapproval of fencing application.
The fence is mesh and 4 ft high. We allow aluminum picket fences or Caged screening of patio areas. ACC would not allow this mesh fence because it is really to enclose pools and keep kids out, and not to our standard. The resident has a dog they would like to keep inside patio area.
The HOa states that it is new material and the ACC should be flexible, but they did not change the documents regarding what is currently allowed. They just voted to approve this fence.

RogerB (Colorado)
Posts: 5,067

Posted:

Robin, if your CC&Rs provide the Board final authority including the appointment of the ACC members, then the Board's vote changes what is currently allowed. IMO a omeowner should have the right to appeal an ACC decision to the Board (our's does). Apparently your HOA follows those procedures.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Robin,
There is no unclear decision to be made. Your ARC Docs do not support the mesh fence, your Board overturned the decision to not approve the mesh fence, which was in error to your guidelines. The committee needs to put in writting for the records, that the fence is against the ARC guidelines, and read it at a Board meeting. ALso, is that type of fencing allowed according to your County building codes? Pools in Florida need certain types of protection. Do check with the County. Your group can demand that the fence comes down.

Even tho the Board overturned the fence type decision, they absolutely cannot go against their own ARC guidelines, Board or no Board, they have to follow the rules. They might fire all of your committee but that is still better than starting a precidence which will lead to a messy free for all on additions and building.

BradP (Kansas)
Posts: 2,640

Posted:

To me here is the problem, the fence has been approved, I am assuming it is in writing. From here on out unless there are local ordinances against it that homeowner can have that fence and the HOA can do nothing about it. You can ask them to take it down, but they don't have to. You can offer to pay to change it to an appropriate material, but that is a can of worms you need to think about before opening. Now the issue is going to be what happens to the next homeowner who wants that type of fence, there has already been a precendent set in the neighborhood? Most people will not put up a fight, but some will.

As Roger said unless your docs speak differently the board had the authority to do overturn the ACC ruling. But, if it was against the documents why would they do this?

RobinL1 (Florida)
Posts: 17

Posted:

brad. its the HOA , our temp. prez, who approved a friends fence. Sh got other board members to vote yes to allowing it, overturning ACC , arc, we didnot approve =application. Will speak to property manager today, or seek legal help, also mounting email campaign against decision

RobinL1 (Florida)
Posts: 17

Posted:

NOw the board is saying they are not going against the rules, just twisting them alittle to fit . They say this mesh fence is like a screen cage around pool and patio. ESxcept it has no roof. Well our screening goes 16 ft high, this is just a 4 ft fence anyway u cut it.

BradP (Kansas)
Posts: 2,640

Posted:

Robin:

I still don't think there is anything you can do if the board has approved and it is in writing. Your hope is the homeowner is reasonable and will work with you, otherwise I think they have every right to put it up because it was approved by the HOA.

HaroldS (Arizona)
Posts: 906

Posted:

I am surprised your local city or county allows a four foot fence with a pool. Six foot fence here is a minimum. And some of our cities even require an additional sekf-locking fence around the pool itself. No HOA would be able to deny those fences since the municipal safety requirements would override your rules anyway. Harold

GloriaM (North Carolina)
Posts: 829

Posted:

Quote:

Posted By HaroldS on 12/07/2007 8:58 AM
I am surprised your local city or county allows a four foot fence with a pool. Six foot fence here is a minimum. And some of our cities even require an additional sekf-locking fence around the pool itself. No HOA would be able to deny those fences since the municipal safety requirements would override your rules anyway. Harold

Harold:

IMO I think all pools across America should be a standard 6ft, perhaps even 8ft with the many fence hoppers we experience. But alas, even NC allows a 4ft around a pool.

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