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Subject: HOA or Developer rules?
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KarenS27
(Texas)

Posts:3


09/12/2019 2:07 PM  
I built my home on a corner lot in a master planned community. While under construction I submitted an application to the ACC to install an 8' fence and extend the fence enclosing more of my yard for privacy. I supplied a survey with new fence lines to them as required. I received an approval from the HOA- ACC in June 2018. I moved into my home December 2018. This week my builder reached out to me and said the developer is requiring them to move my fence 4' into my yard on the side of the corner and that they were also required to plant an evergreen type plant in the new area that will now be exposed to the street. I paid a premium to have a larger corner lot, I paid extra for the 8' fence and extension, I got HOA approval for it. I plan to have a pool built and all the quotes I have received incorporate that 4'x40' area they are trying to take from my fenced in yard. So, essentially they are taking 160 sq. ft. of my fenced yard, I now have to maintain evergreen plants as those will be on my property, they have to move my sprinkler system to accommodate the new plants, dig up metal fence posts and reset, damage my grass, damage my existing fence and I am sure try to reuse the same pickets. I have gone through the CCr's and rules and regulations and cannot find anything that mentions this begin a requirement for a corner lot in my subdivision. I will say that I drove around and all the other corner lots do have the fence installed 5' setback from the sidewalk. This is a new community still under construction. But again I got HOA-ACC approval. Any advice?
MelissaP1
(Alabama)

Posts:8601


09/12/2019 2:47 PM  
Who owns the HOA? Is it still Developer owned or turned over the owners? Hard to tell till know that information.

Former HOA President
CathyA3
(Ohio)

Posts:459


09/12/2019 3:07 PM  
If the Developer is in control, then he basically IS the HOA, and any vote about this issue would go his way.

In your shoes, I would try to negotiate some kind of compromise with the builder since it appears that everyone acted in good faith and only found out after the fact that there was an issue.
KarenS27
(Texas)

Posts:3


09/12/2019 3:24 PM  
The developer is still in control of the HOA.
KarenS27
(Texas)

Posts:3


09/12/2019 3:25 PM  
Still developer owned.
SteveM9
(Massachusetts)

Posts:3362


09/12/2019 4:35 PM  

In your shoes, I would try to negotiate some kind of compromise with the builder since it appears that everyone acted in good faith and only found out after the fact that there was an issue.


Talk with him. I'm sure he has maps and easements. Its possible your corner lot has easements that allows him to go 5 ft into your land and plant evergreens and you cant say squat. Yes, the HOA can approve you to do something, but if you build a fence on an easement without a survey, its your fault, even though it was approved.

Buy maybe it doesnt have an easement. Gotta have a conversation about it.
NpS
(Pennsylvania)

Posts:3758


09/12/2019 9:52 PM  
Posted By SteveM9 on 09/12/2019 4:35 PM

In your shoes, I would try to negotiate some kind of compromise with the builder since it appears that everyone acted in good faith and only found out after the fact that there was an issue.


Talk with him. I'm sure he has maps and easements. Its possible your corner lot has easements that allows him to go 5 ft into your land and plant evergreens and you cant say squat. Yes, the HOA can approve you to do something, but if you build a fence on an easement without a survey, its your fault, even though it was approved.

Buy maybe it doesnt have an easement. Gotta have a conversation about it.



Good point by Steve.

You must satisfy 2 sets of requirements - The HOA/Developer AND the local zoning laws.

Then again, your contractors should have checked local ordinances before they planned your yard.

That's especially true where it was obvious that every other home had setbacks.

In your shoes, I would reach out to your local zoning office to find out if this requirement is coming from them.

Sikubali jukumu. Read all posts at your own risk.
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