How would you do this?

[thatgirl2478]

We just moved into a great house.  Nice neighborhood.  HUGE lot.  2/3rds of an acre.  No real HOA - but - there's an 'architectural committee' who's only real concern is telling people that they can/cannot put up fences.

We want to put up a fence.  A tasteful aluminum fence that resembles wrought iron fencing.  The fence is mostly for dog containment (greyhound, can't let him off leash, can't put him on a tie out, can't use an electric fence) but also for child containment so I can let them play outside without worrying that they are in the culvert/run off stream/forest area that our lot backs up to. 

I talked to the 2 person architectural committee (which, imo, doesn't constitute a committee...) who said that IF we got approval from all our neighbors they MIGHT consider it.  However, I get the feeling that even if everyone says it's cool with them, we'll still end up with the 'committee' saying no.  The reason?  "the whole point of the division is that it has an open park like quality and a fence doesn't support that"  Yeah.  Except that they only place where it's 'park like' is our part of the subdivision.  In the newer part the lots are smaller and the houses are closer together.

Oh and before anyone says I should have looked in to this before we bought it - I did.  The covenants I found said you could have a fence if it 'maintained the open airy qualities of the division' - but apparently those are the covenants for the new section...   I swear if I knew this was one of 'those' divisions I wouldn't have bought here.

SO - now we are going to talk to all the neighbors. I was thinking of putting together a 'packet' of information including a picture of fence style, an aerial view of the proposed location for the fence and a self addressed stamped envelope with a Yes/No 'I'm OK/not OK with your fence' form.  We would, of course, deliver them in person so we could talk to the neighbors a bit as well (we've met all but one already - it's a very friendly neighborhood).  What do you think of that plan?

[pixy0stix]

Is this something they can legally stop you from doing, or is it just something they made up?

[devonpow]

May 6, 2016 15:44:13 GMT -5 pixy0stix said:

Is this something they can legally stop you from doing, or is it just something they made up?

This. I live in a historic neighborhood with a preservation society. They can deny your application for changes to your property but the rule is that if you wait one year you can appeal to the building commission - and as long as there is no zoning issue you can do it. They are basically there to wear you down but have no real legal standing. There is also an association that goes up to anyone doing construction and hands out the neighborhood "rules" on official letterhead etc - but they have no standing in any way and are just random neighbors that try to strong arm people.

[thatgirl2478]

May 6, 2016 15:44:13 GMT -5 pixy0stix said:

Is this something they can legally stop you from doing, or is it just something they made up?

I don't know how legal it is... I suppose I could take it to an attorney for an opinion. 

The story I got from the 'committee' is that his grandfather started the division with an 'open park like atmosphere' and that didn't include fences.  And the whole point of the 'committee' is to maintain that open airy feeling.  If you have a pool you HAVE to have a fence, but we are in no way interested in having a pool.  I understand where they are coming from since their concern is if they let one person do it they have to let EVERYONE who wants a fence on an interior lot do it, but some how the fancier and more expensive neighborhoods manage to find a fence solution without major hassle...

[TBM]

I wonder if they would be more open to the idea if you had a plan for landscaping that would add to the park like feel and help soften the fence from the outside.

[thatgirl2478]

May 6, 2016 16:22:38 GMT -5 TBM said:

I wonder if they would be more open to the idea if you had a plan for landscaping that would add to the park like feel and help soften the fence from the outside.

I was wondering the same thing. I actually mentioned that when I was showing them the approximate planned location for the fence.  I would definitely want to plant along it so it was less fence like AND so it was easier to mow around.  He took my ideas and turned it against me saying I could just landscape around the problem area (the gully/run off ditch) and that would be enough to keep the kids out... HHAHAHAHAH right. Apparently he's never met real kids.  I think if it was his WIFE making the decisions we'd get a fence in a heart beat.