Curb Appeal in 62258>Question Details

Veronica, Home Buyer in Mascoutah, IL

My question deals with my HOA.

Asked by Veronica, Mascoutah, IL Mon Jun 23, 2008

In our indentures we are not allowed to have 6ft fences, however, there are quite a few that have put them up. I attempted to go through the approval process to get a 6ft fence approved and I am have a time with the board. We have attempted to make changes to the indentures, but not all of the homeowners voted. Only 61 out of 241 homes, we need 75% to make the change. Since some other owners have put up their fences without proper approval, and we do not have any thing in the indentures about fining those who have this violation, I am not sure of what to do. I really need a higher fence and when we purchased the home we were told this would be a easy change in the indentures, it has been 2-years and we have waited. But owners around us are breaking the rules. Can they fine me at this point if I put a 6ft fence since others have without any fines? I need advice.

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Answers

4
One other thing you might try. You tried to formally change the indentures but, as you found out, that's tough regardless of the issue.

If your HOA has a Grounds Committee or Landscaping Committee or something similar (some group of owners who can approve, let's say, color of shutters or front door, or design of a mailbox), you might approach that committee and ask for permission to build your fence. Now, technically, your rules don't allow for a 6' fence, but committees have been known to look past the rules in making their decisions. It's not a great way to go about it--your attempt to modify the actual rules was the right way--but recognizing that others have already done so, with the apparent acquiescence of the HOA and the appropriate committee--you might be able to receive approval for what you're seeking by using that technique.

Good luck.
0 votes Thank Flag Link Sat Aug 9, 2008
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
In reading your question, one thing stands out to me. If you need 75% to approve a change and you can't even get 5% of the people to vote, you need to come up with a better way to encourage participation in the vote. I am not familiar with the voting procedures, is there a specified required procedure? Perhaps you need to form a team to do some door knocking. Spread the word. I know the neighborhood you live in, and my (unscientific) observation would suggest that an overwhelming majority of the homeowners would support this change. 6 ft privacy fences are high on the list for buyers. Make sure all homeowners that will be voting know that this change will benefit them when it comes time to resell.
0 votes Thank Flag Link Sat Aug 9, 2008
Veronica,
Is your HOA voluntary? There is no security in breeching the regulation that others are ignoring. We recommend standing your ground, remaining loyal to this regulation and posturing for a rule change that makes the HOA guidelines enforceable.

If this is not possible, push to have the regulation stricken from the by laws....

"This above all, to thine own self be true"
William Shakespear
Good luck,

The "Eckler Team"
0 votes Thank Flag Link Mon Jun 23, 2008
I would continue to try and work it out with the HOA or contact an attorney. I would not put it up without approval.
Web Reference: http://www.markroncone.com
0 votes Thank Flag Link Mon Jun 23, 2008
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