Re: Putting a fence up

AuntG · ‎03-09-2010

@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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Hello, Mr. Developer. As you might know, we have a dog and would like to fence in part of our two acres. Although we won't be putting a fence around the perimeter of our property, our intentions are to fence a 500 square foot area behind the house. I believe this adheres to the covenant, and having checked that no county permits are needed, I'll be starting the fence next week. Here is the number of my lawyer if you have any concerns.

novamc1 · ‎07-02-2015

I'm not famliar with any type of rational rule or regulation that would allow a homeowner to have a pool without a fence. Doesn't even make sense, does it?

One thing is for sure.........watch the homeowner's insurance rates go WAY UP if the the owner does NOT have a fence around that pool.

Just having a pool --fenced or not--makes insurance more expensive. Having a small child drown in that unprotected pool and the liability isssues that would ensue would be the absolute end, wouldn't it?

Sort of like allowing an unfenced, unleashed dog to run loose in the neighborhood and bite someone.

KentuckyWoman · ‎03-13-2010

I am shocked about the no fence around the pool law. In our area, makes no difference if you live in the city or county. If you have a pool, you are required to have a fence, We can either put in around the pool or around the perimeter of the property line with a locking gate. There is nothing the HOA could do about it in our area at least. Do you have planning and zoning? Maybe talk to those folks.

Imaoldhippie · ‎06-10-2015

I must be thick in the head, I dont understand this at all. How can your developer tell you what you can and can not do unless its an HOA? Just because he is "crazy" and would create a fuss is not a reason for you not to put up your fence, you own the property.

LIFE IS TO SHORT TOO FOLD FITTED SHEETS

151949 · ‎03-09-2010

When your parents purchased this home they probably signed a copy of the covenants saying they agree to follow the rules.Most HOA communities do not allow fences. Why would your parents build here if this fencing is an important issue for you?

A perimeter fence is a fence around the outer perimeter of the property.Perhaps they will allow you a dog run.

151949 · ‎03-09-2010

@Imaoldhippie wrote:
I must be thick in the head, I dont understand this at all. How can your developer tell you what you can and can not do unless its an HOA? Just because he is "crazy" and would create a fuss is not a reason for you not to put up your fence, you own the property.

When you move into a community that has covenants (rules) you sign a copy of the rules at the closing, agreeing to follow them.

151949 · ‎03-09-2010

Your Dad is going to have to learn that the covenants are rules not suggestions.

Mominohio · ‎08-08-2010

@ccassaday wrote:
@Mominohio wrote:
It sounds like people are buying into some kind of development with regulations and then getting mad when they are enforced (neighbor, not you guys).

This is how it is when you sign on to places with rules, regulations, zoning, HOAs etc.

Trying to scheme and gang up will just alienate the powers that be. Doesn't sound like there was any deception, so people now have to follow the rules and put up with ambiguities as that is what they agreed to.

It’s not in a subdivision. It’s in the country. There are 4 houses. Two other lots have not been sold and probay won’t be. No one is trying to get around what they signed. The covenants actually say with permission you can put a fence around a pool. It all comes down for us what is considered a lot perimeter fence. Our neighbor said tonight he didn’t know about them saying that. He didn’t he know about the covenants. He was just taking the guys word about fences. But that all changes since my dad is going to go over the restrictions with him. The developer guy and his parents can be controlling. But it doesn’t work with my dad. My dad doesnt put up with that ******. We know because my dad helped write them up and were checked by a lawyer.

Bottom line, there must be some kinds of restrictions or definitions if everyone who bought this land signed some kind of documents with covenants. Now they must be honored, or negotiated or possibly taken to court to fight.

People only think they want to move into 'the country' and have the 'freedom' to do what they want with their land. Oftentimes there are county or township regulations and zoning codes, and then whatever ones signs when buying the land from the developer.

If the buyers didn't research and plan ahead of time, and know exactly what was and wasn't going to be allowed, the time to change it may be long past.

It doesn't matter if the developer is controlling. If he has signed contracts with restrictions and regulations it isn't his problem that people are now not happy. He made clear in writing what was and wasn't going to be allowed, and usually it is all about keeping the area marketable till all the lots/land is sold.

And if those contracts weren't clear or not understood by the buyer, that is not his problem, it is going to be the problem of the buyers who will now have to pay to fight for something they want to do.

novamc1 · ‎07-02-2015

After more careful reading of all posts about this "crazy developer", I'm wondering about a few things.

Once all lots in the community are sold and built on, don't the homeowners have a right under the covenents to form their own Board of Directors and make their own rules? Or will this developer forever be in control?

I'm lilving in a new community with only a few homes left to be built and sold. We held our first neighborhood meeting early this week to form a nominating committee for the Board and discuss how to proceed with our developer once he has to abandon his control over things normally assigned to a BOD.

We discussed retaining a lawyer to represent our community, hiring a CPA to audit the hard-to-obtain financial statements as to where our HOA fees have been going for the past couple years, the importance of identifying issues regarding community features that we as owners will be responsible for maintaining and improving when necessary, etc etc.

Without giving all the details about the management company to which we pay monthly HOA dues and can barely reach on the phone, and how poorly we individually have fared in getting various home defects repaired by the builder/developer, let's just say that we have an active group of individuals who will confront the builder/developer when he suddenly tries to dump neglected problems and expenses in our lap and move on to his next community.

@ccassaday

Seems to me that if your community has a developer who is still in control of what goes on there and will eventually abdicate all responbility to the neighborhhood homeowners, the homeowners need to begin forming their own board of directors, maybe revise or make their own rules collectively ,and just generally "get organized".

For example, who or what entity is responsible for maintaing the streets, curbs, storm drains, any existing retention ponds, and/or sewers in your community? How and by whom can community rules be updated, revised or eliminated?

Just throwing out some thoughts here. My community has about 60-70 residents and might be bigger than yours, but we identified at our first meeting some serious potential liability issues, infrastructure issues and other items that we eventually must deal with one way or another---along with taking initial steps toward forming a democratic structure for decision-making. We're trying to get prepared and be backed by professional advice.

Mj12 · ‎03-09-2010

@novamc1 wrote:
I'm not famliar with any type of rational rule or regulation that would allow a homeowner to have a pool without a fence. Doesn't even make sense, does it?

One thing is for sure.........watch the homeowner's insurance rates go WAY UP if the the owner does NOT have a fence around that pool.

Just having a pool --fenced or not--makes insurance more expensive. Having a small child drown in that unprotected pool and the liability isssues that would ensue would be the absolute end, wouldn't it?

Sort of like allowing an unfenced, unleashed dog to run loose in the neighborhood and bite someone.

@novamc1 it makes no sense at all. I would never NOT install a secure fence if we had a pool, I would not care at all how far out in the country we might be.