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[ccassaday]

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T@eddyandme wrote:

It's my understanding a perimeter fence covers all your property boundaries.  

I've got a black chainlink fence off the backdoor which is my furbaby's yard.  Because it's not over 6' tall, no permit was required.  Also, it doesn't cover the property's perimeter.

Hope you do put in the fence.  Lots of people use those  collars that shock the dog and keep that around the perimeter.  But, first I don't like the idea of shocking - inhumane to me; and second, it doesn't protect your furbaby from possible attackers.  If the covenants are "gray" you and your new neighbor should lawyer up.  You should be able to have the contractor's requirement judged null and void.

As to the swimming pool thing - around here it's either gated or the entire property is gated.

Good Luck!

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That is my understanding of a perimeter fence also. It won’t fence the entire thing in. It will be going about 30 yards back I believe. Our neighbors have a invisible fence for there two goldens. They do very well. We don’t trust those kind of fences. Plus being disabled I have to be able to let Chloe out if I am buy my self. I can’t do that without a fence. We will get that fence. We can’t be without it. Chloe needs a yard to run in.

[ccassaday]

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@RedTop wrote:

I don’t think your developer can stop your neighbor from putting a fence around his pool, as whatever his homeowners insurance says is simply what has to be done, period.   

My SIL had to put a high fence and locking gate around her backyard once she installed her pool, based on her homeowners insurance.   

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That is a very good point.

[ccassaday]

When we were in our old subdivision nobody got permits for fences. Only way there would of been a problem was if a neighbor complained. Being on the county though not in a subdivision it might be wise to see if we need to get one. My dad will be putting it up so no contractor will be needed.

[ccassaday]

I just looked and we do not need a permit in the county. Only within the city limit.

[ccassaday]

My actual question was how do you go about getting this approved when the developer is kind of crazy?

[eddyandme]

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@ccassaday wrote:

My actual question was how do you go about getting this approved when the developer is kind of crazy?

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IMO, he sounds like a stickler:  lawyer up - just receiving attorney's letter my change his mind.

[geezerette]

Normally, if the developer keeps control over deed restrictions, he has the right to enforce them.  If you have written, recorded covenants, etc., you should have been given a copy before you bought your property.  If those restrictions prohibit certain fencing, or any fencing at all, you are bound to abide by them, whether you like them or not.  What the developer told you has no bearing.  Developers have been known to say anything to get someone to buy.  What is in writing in your CCRs is what can be enforced.

However, whoever controls the Homeowners Association can give exceptions, if they choose.  In your case, your disability may work in your favor for this, if necessary.  If this “crazy” developer controls your CCRs at this point, you need to get his approval.  But get him to put anything in writing so he can’t come back later and cause you trouble.

[Carmie]

We do not need a permit to put up a fence in the township where I live. Not all areas do.

i have never seen an area that does not require a fence around a pool.  They are required for safety and the fence must be a certain type.  I would think that if your developer allows pools, he has to allow a fence to enclose it.

if you have deed covenants that restrict a fence on your property, you are bound by them.  This is not unusual at all.  A perimeter fence is a fence that surrounds any area to prevent access. It does not mean just the perimeter of your property. It can be any area, big or small.

Many developments that allow a fence, do not allow chain link fences.  They rust and become an eyesore and are frowned upon, especially in nicer or upscale neighborhoods.

Your  dad might have to hire a lawyer to look over  those covenants if there is some confusion as to exactly what is allowed.  If it says no fences, then there can be no  fences unless required by law....such as around a pool.

[ccassaday]

We own the land. The developer has no stake in the land. But just like any subdivision there was covenants signed when we bought it. My dad actually helped do them where he felt comfortable. The biggest question will be the definition of a perimeter fence. He just left to go help the neighbor with hi garage opener. If will be interesting what comes out of it with their talk. Hopefully they can form a United front and not have a issue with the fence.

We will be getting a black chain link. It’s what my sister has on her 2 acres and it looks very nice.

[SahmIam]

@ccassaday  I called a family friend who is a real estate attorney. Boy oh boy....it's easy to see why people don't like lawyers (they're the ones that write the contracts and then you need them to fight the contracts, lol) yet respect them at the same time (usually). 

There are so many variables here but in the end, what your SIGNED contract reads is what can and will be enforced. Regarding the pool, homeowners insurance can require a fence, cover, locked gate, etc or else they won't INSURE the pool or anything that happens regarding the pool including someone being injured; being sued for a few million due to personal injury (or worse, death) is why you want the insurance. HOWEVER, if the HOA doesn't allow it or the deed/contract states it is not allowed, then that trumps your homeowners insurance. It is for this reason that if someone wants a pool, they MUST read the HOA docs BEFORE signing. In my state, you MUST present a buyer with them and they have 15 days to pull out of the contract due to the HOA by-laws; this varies state to state.

Also, an individual with an established disability who needs XYZ and can SHOW need can have that need overule everything else.

In the end, he said to consult an attorney. The fee to have someone look the paperwork over and give you facts regarding your options will be FAR cheaper than a potential lawsuit. Even if the man has no legal reason, you will still have to hire an attorney and pay the fees to fight the developer. 

Now you see why people hate yet respect lawyers; we simply need them for this kind of a situation. Bleh.