|
| Wednesday, February 08, 2012
|
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
ValerieB2
(Utah)
Posts:7
 |
| 08/06/2010 10:38 AM |
|
| CC&Rs say fencing in back area is ok, however ACC is saying NO! What are my chances of getting my fence built? |
|
|
|
|
RogerB
(Colorado)
Posts:4647
|
| 08/06/2010 10:55 AM |
|
| Valerie, what is the rest of the story? The ACC must comply with the CC&Rs but can put restrictions on the size, type, color, etc. of the fence materials. Your chances are excellent when you comply with the CC&Rs and ACC guidelines. |
|
|
|
|
DonnaS
(Tennessee)
Posts:5671
|
| 08/06/2010 12:35 PM |
|
Valerie,
Your ACC guidelines must have some guidelines or restrictions as to materials, color, height and placement. Is that what the committee says is not acceptable in your application for the fence? You must follow those restrictions in order to be in compliance with the CC&Rs and ACC guidelines.
Perhaps the CC&Rs only state that the fence must comply with ACC guidelines and standards? That statement gives the authority of the ACC to set the standards. |
|
|
|
|
ValerieB2
(Utah)
Posts:7
|
| 08/06/2010 1:23 PM |
|
| Good point! The CC&Rs say "6'vinyl" I will re read to see if the ACC can usurp the CC&Rs. It doesn't seem likely since the material is already stated. What if I want something else and the ACC agrees? Are we both in violation of the CC&Rs? |
|
|
|
|
DonnaS
(Tennessee)
Posts:5671
|
| 08/06/2010 1:40 PM |
|
Valerie,
Like it or not, 6 foot vinyl will be your fence of choice. If the ACC allows for anything else, then they will be in violation as well as yourself. I doubt that they can "unsurp" the CC&R's. Gosh, if they could, then what is the purpose of having CC&R's |
|
|
|
|
MaryA1
Posts:0
|
| 08/06/2010 5:41 PM |
|
Valerie,
The CCRs take precedence over the ACC. However the ACC cannot allow anything higher than 6' or of a material other than vinyl but they can address other aspects of the fence such as placement. |
|
|
|
|
JohnO6
(Georgia)
Posts:415
|
| 08/07/2010 8:24 AM |
|
While it is true (as both Mary and Donna have already said) that the CCRs trump any ACC rules, it is also not infrequent that the CCRs also include a section or provision that allows the Board of Directors to grant a variance or exception to anything contained is the CCRs. While I'm not generally an advocate of invoking such a variance (IF, in fact, it even exists within your CCRs), I just want to point out that it MIGHT be possible.
I'm just one of those guys who's neurons start firing anytime I see people making absolute statements, such as ones that include "always" or "never"  |
|
|
|
|
ValerieB2
(Utah)
Posts:7
|
| 08/07/2010 8:50 AM |
|
| Thanks for your replies, they are making me think in a smart and "fully" focused rather than myopic manner. Please send more thoughts if you think of any. This site has been very helpful. At this time I have submitted an application/written schematics which I am expecting them to reject. They will undoubtedly respond with an unacceptable plan at which point it we will be in court. Did I mention commercial vehicles are prohibited yet one of the HOA board member's husband has parked his big ugly noisy commercial van in front of her unit every night for 6 years! Also, while the CC&Rs say one dog, a friend of the board members has two! Two other residents have fences for their dogs fashioned in different ways, however what I have is not acceptable. It goes on and on I am quite sure this is more personal than professional. I am not a native Utahan. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|