MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
I made a post regarding my fence situation at my new house. My neighbor installed a fence without notice next to me. It is not "shadow box" as believed the HOA requires. It is a single sided privacy fence along the left side of my property. It on my back door side. It now leaves a 4 foot distance from my back patio. They closed on Wednesday/Thursday the fence posts went up on Friday. The rest went up on Saturday. We don't get a copy of the ARC paperwork till closing. Plus I was told not to do anything project wise for the HOA to approve until closing ended.
I submitted about 6 weeks ago an approval to the HOA for my fence. The waiting list is 10 weeks for my fencing contractor. (They are best in the area and used before). The fence was shadow box to be stained "Smoke Tobacco". It was to be on all 3 sides. The door being on my patio side. The fence was cut short in the back due to a "drainage swell". It would block drainage and make a puddle for my dogs to play in. Plus allows me about a 6 foot area to make a garden. It butts against a tree line with an open field in back.
That is the background. I called the HOA PM today to ask about the status of my fence. Plus IF their fence was approved. I was rudely told it was none of my business. I am like well I now have to change my entire fence design and resubmit. Would like to know and confirm what style to make the new fence. Again told that it does not matter if they put a fence along my property line. Again I asked then how is my shadow box fence going to be stained? Response: Oh your fencing contractor knows how to do that! WTH? I am NOT going to put a fence against a fence!
Now admittedly got heated and went to the PM owner. She did the "research". Tells me now that my By-laws do not spell out it has to be shadow box. (Even though everyone but 1 person has shadow box). She then goes and tells me MY fence is now in violation for a 3 foot allowance! I am like where as I submitted my plot and the measurement from the fence. Won't tell me where. Mind you my neighbor fence is right ON the property line even in the back.
Do have to agree now it is not in the by-laws/CC&R's as thought had read. Hence why I designed my fence due to that description. It does get referenced in the below ACC requests. There are 2 types 1 for building a NEW fence. The 2nd is for ATTACHING to a fence. Which I applied for NEW fence NO attachment. Now going to have to change to attached. Which you would think if others do this they would contact the owner to let them know of that approval. Which in my opinion if I was approved for a fence then should they have not let me know someone applied to attach?
My gut tells me these neighbors did NOT get HOA approval. When I asked again told NONE Of my business. When I asked if I fill out the attachment form how do I do that if that fence is NOT approved. They told me if a fence is not approved then can't do that.
Sorry long winded. They refuse to let me know if someone was approved or not. Kept asking how do I know this fence was so I can fill out the right form? Plus they are telling me that there is no where it is state the fence has to be "shadow boxed" or stained. Well here is the form. You tell me:
the rear section of fence must stay off the rear property line by a minimum of 3’ for drainage easements. The sides must be on the property line or 3’away from property line
All fence approvals must be on the plot plan of the lot, owners are given paper copy of this at closing and a digital copy on the usb thumb drive at closing.
This application is for:
____An addition to my home
__x__ Installation of a fence (special provisions apply to corner, lake & common area lots)
If fence will connect to or cross onto another owner’s property, a consent letter from the owner is required
A REAR GATE is required for ALL fence installs
____Addition of a deck
____Change/addition to existing landscaping
____Construction of an auxiliary building
____Swimming pool installation
____Other (Explain below)
Date you wish to start construction or modification. _________________
Do you plan to use a contractor to do the work? _________ Name of contractor(s) _________
Note: Contractor signs are not permitted on homeowner property and are prohibited between the sidewalk and curb.
Provide a description of the work. Missing details can slow down your approval. What type of materials or plants, what color of paint to be used; the color brick; color of shingles; if fence- length, width or height, etc. and it is required to show over a plot plan
Description of work is install a Shadow box Dog eared Tobacco stained fence at the back yard. It will be at back corner of house. Door will be in front of hose bib in back. Other side at corner of other side. The back part will also have a 4 foot door. It will stop at the slope/drainage area not to extend to the very back. May do some beneficial landscaping back there for drainage flow in another project.
Location of Project: back yard, patio, side yard, front yard, etc.
Provide a drawing or sketch of the project. Although the drawing may not be exactly to scale, provide approximate measurements in feet. Detailed plans are required for extensive exterior renovations.
The information submitted is accurate and factual representation of the project that is proposed. If approved, I/we will not modify the approved plan without seeking an additional review of change plans by the Architectural Review Committee or the HOA Board. I/we understand that it is my/our responsibility to contact and coordinate with the local utility companies prior to any excavation work. I/we understand that work on the project may not commence until receipt of final written approval. I/we also understand that if we begin work before approval is granted, I/we are subject to fines or other remedies available to the association to stop work or remove work accomplished as outlined in the community covenants.
Please note that your declarant or representative has 30 days to review and approve/deny your request
I submitted about 6 weeks ago an approval to the HOA for my fence. The waiting list is 10 weeks for my fencing contractor. (They are best in the area and used before). The fence was shadow box to be stained "Smoke Tobacco". It was to be on all 3 sides. The door being on my patio side. The fence was cut short in the back due to a "drainage swell". It would block drainage and make a puddle for my dogs to play in. Plus allows me about a 6 foot area to make a garden. It butts against a tree line with an open field in back.
That is the background. I called the HOA PM today to ask about the status of my fence. Plus IF their fence was approved. I was rudely told it was none of my business. I am like well I now have to change my entire fence design and resubmit. Would like to know and confirm what style to make the new fence. Again told that it does not matter if they put a fence along my property line. Again I asked then how is my shadow box fence going to be stained? Response: Oh your fencing contractor knows how to do that! WTH? I am NOT going to put a fence against a fence!
Now admittedly got heated and went to the PM owner. She did the "research". Tells me now that my By-laws do not spell out it has to be shadow box. (Even though everyone but 1 person has shadow box). She then goes and tells me MY fence is now in violation for a 3 foot allowance! I am like where as I submitted my plot and the measurement from the fence. Won't tell me where. Mind you my neighbor fence is right ON the property line even in the back.
Do have to agree now it is not in the by-laws/CC&R's as thought had read. Hence why I designed my fence due to that description. It does get referenced in the below ACC requests. There are 2 types 1 for building a NEW fence. The 2nd is for ATTACHING to a fence. Which I applied for NEW fence NO attachment. Now going to have to change to attached. Which you would think if others do this they would contact the owner to let them know of that approval. Which in my opinion if I was approved for a fence then should they have not let me know someone applied to attach?
My gut tells me these neighbors did NOT get HOA approval. When I asked again told NONE Of my business. When I asked if I fill out the attachment form how do I do that if that fence is NOT approved. They told me if a fence is not approved then can't do that.
Sorry long winded. They refuse to let me know if someone was approved or not. Kept asking how do I know this fence was so I can fill out the right form? Plus they are telling me that there is no where it is state the fence has to be "shadow boxed" or stained. Well here is the form. You tell me:
the rear section of fence must stay off the rear property line by a minimum of 3’ for drainage easements. The sides must be on the property line or 3’away from property line
All fence approvals must be on the plot plan of the lot, owners are given paper copy of this at closing and a digital copy on the usb thumb drive at closing.
This application is for:
____An addition to my home
__x__ Installation of a fence (special provisions apply to corner, lake & common area lots)
If fence will connect to or cross onto another owner’s property, a consent letter from the owner is required
A REAR GATE is required for ALL fence installs
____Addition of a deck
____Change/addition to existing landscaping
____Construction of an auxiliary building
____Swimming pool installation
____Other (Explain below)
Date you wish to start construction or modification. _________________
Do you plan to use a contractor to do the work? _________ Name of contractor(s) _________
Note: Contractor signs are not permitted on homeowner property and are prohibited between the sidewalk and curb.
Provide a description of the work. Missing details can slow down your approval. What type of materials or plants, what color of paint to be used; the color brick; color of shingles; if fence- length, width or height, etc. and it is required to show over a plot plan
Description of work is install a Shadow box Dog eared Tobacco stained fence at the back yard. It will be at back corner of house. Door will be in front of hose bib in back. Other side at corner of other side. The back part will also have a 4 foot door. It will stop at the slope/drainage area not to extend to the very back. May do some beneficial landscaping back there for drainage flow in another project.
Location of Project: back yard, patio, side yard, front yard, etc.
Provide a drawing or sketch of the project. Although the drawing may not be exactly to scale, provide approximate measurements in feet. Detailed plans are required for extensive exterior renovations.
The information submitted is accurate and factual representation of the project that is proposed. If approved, I/we will not modify the approved plan without seeking an additional review of change plans by the Architectural Review Committee or the HOA Board. I/we understand that it is my/our responsibility to contact and coordinate with the local utility companies prior to any excavation work. I/we understand that work on the project may not commence until receipt of final written approval. I/we also understand that if we begin work before approval is granted, I/we are subject to fines or other remedies available to the association to stop work or remove work accomplished as outlined in the community covenants.
Please note that your declarant or representative has 30 days to review and approve/deny your request
Former HOA President