Putting a fence up - Page 6

Mj12 · ‎03-09-2010

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

I would just recommend not approaching the situation thinking that the developer is "kind of crazy" JMO.

ccassaday · ‎10-21-2010

@151949 wrote:
Your Dad is going to have to learn that the covenants are rules not suggestions.

He isn’t trying to get around the covenants. The convenants say no lot perimeter fence except around a pool. Well the entire perimeter of the lot is not being fenced in. There is nothing in them saying no fences at all. My dad helped write them.

ccassaday · ‎10-21-2010

@novamc1 wrote:
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 theirr 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.

Actually yes they do. As lots are sold the developer loses their voting rights. So right now they only have two votes. There are four houses right now. The other two lots aren’t very good so will probably never be sold.

ccassaday · ‎10-21-2010

My aunt has a pool. All they have to have is one of those hard covers. You could walk on it because it’s hard.

Boftom line we don’t even know yet if any one will give us problems with the fence. It’s going to be interesting when the time comes to approach him.

ccassaday · ‎10-21-2010

@151949 wrote:
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.

It does not say no fences. It says no lot perimeter fence. And it also says you can put a fence around the pool. My dad helped write them and a lawyer went over them. There also a clause that says no reasonable request should be with held as long as it isn’t a detriment to the neighbors. Before we bought the property that was the first question about the fence. He said it wouldn’t be a problem. The guy is a control freak and thinks he can control people. The neighbor that wanted the pool didn’t even know about the covenants. He just took his word. But my dad told him last night about them so hopefully he will get his fence. My dad is going to sit down with him and go over them.

Carmie · ‎10-25-2010

I have been reading the comments and noticed that most people have no idea what restrictive covenants are.

These covenants are common and exist everywhere. Every time land is developed, these covenants are drawn up. They are part of the deed and are recorded with the deed at the courthouse.

They limit what the land can be used for. They may say for example: no mobile homes, no houses under 1000 sf, no commercial businesses out of your home, no farm animals or no breeding of animals, no fences, no abandoned cars, no parking of RV’s in your driveway, driveway must be sealed,must have an attached garage, and no foundations left exposed...must be covered with building material, no sheds, no billboards, etc.

They are there to protect the land value. Who would want to build a big beautiful home and have a neighbor buy land next door for a pig farm? Who wants their neighbor to put in a mobile home next to your $500,000 home?

These covenants are not part of a HOA, or homeowners association. They are part of your deed. You signed them when you purchased the property, so you should be aware of them. They run with the land and the next owner has to abide by them too.

If you do something that is not allowed in the restrictions, you can be forced into following them. For example, if you are not allowed to have a deck on the second floor of your house and you have one built, you can be forced to remove it.

Usually when all of the land developed is sold, the developer has moved on. He is not there to enforce the restrictions and the land owners are supposed to keep up the enforcement. Many times this does not happen. It might cost money to hire a lawyer and the land owners, don’t want to pay a lawyer, so they ignore it.

But, when the property gets sold again, the issue might come up and be enforced.

The developer isn’t being mean or unreasonable or controlling. He is protecting land value. Unless you live in a very old home, you probably have covenants in place on your property too. If you purchased your home already built, they probably were only given a quick glance by you.

If you purchased land and built your own home, they would be important and you are probably aware they exist.

ccassaday · ‎10-21-2010

That is a very good explanation. I think we have most of those. My sister wishes they had them because this neighbor used to have chickens. It is kind of unusual though for country propert that isn’t in a subdivision to have them. The good thing is their son is moving soon so he won’t be around much. But the old couple who we bought it from will still be near bye.

@Carmie wrote:
I have been reading the comments and noticed that most people have no idea what restrictive covenants are.

These covenants are common and exist everywhere. Every time land is developed, these covenants are drawn up. They are part of the deed and are recorded with the deed at the courthouse.

They limit what the land can be used for. They may say for example: no mobile homes, no houses under 1000 sf, no commercial businesses out of your home, no farm animals or no breeding of animals, no fences, no abandoned cars, no parking of RV’s in your driveway, driveway must be sealed,must have an attached garage, and no foundations left exposed...must be covered with building material, no sheds, no billboards, etc.

They are there to protect the land value. Who would want to build a big beautiful home and have a neighbor buy land next door for a pig farm? Who wants their neighbor to put in a mobile home next to your $500,000 home?

These covenants are not part of a HOA, or homeowners association. They are part of your deed. You signed them when you purchased the property, so you should be aware of them. They run with the land and the next owner has to abide by them too.

If you do something that is not allowed in the restrictions, you can be forced into following them. For example, if you are not allowed to have a deck on the second floor of your house and you have one built, you can be forced to remove it.

Usually when all of the land developed is sold, the developer has moved on. He is not there to enforce the restrictions and the land owners are supposed to keep up the enforcement. Many times this does not happen. It might cost money to hire a lawyer and the land owners, don’t want to pay a lawyer, so they ignore it.

But, when the property gets sold again, the issue might come up and be enforced.

The developer isn’t being mean or unreasonable or controlling. He is protecting land value. Unless you live in a very old home, you probably have covenants in place on your property too. If you purchased your home already built, they probably were only given a quick glance by you.

If you purchased land and built your own home, they would be important and you are probably aware they exist.

novamc1 · ‎07-02-2015

@Carmie

About being aware of rules that exist.........

Many of us learned something VERY interesting recently.

Our community has been built in phases. Those who bought early were given one set of CCR's that were filed with the Superior Court. Since then, reportedly, two revised sets have been issued that many of us know nothing about. The builder/developer is well-known for lack of communication, misinformation and unkept promises, but having so many people in the dark as to rules that we've never been told about and whether some homes in the community may or may not be subject to different rules..........well......

All I can say is that I am a fortunate homeowner to be living among a bunch of seasoned professionals with impressive skill sets in various relevant fields. I just wish I could contribute more of the awesome expertise that I am seeing in action recently.