I reside in Wake Forest, NC and have two issues. First, we have rocks along
the front lawn of our house where our grass meets the street so that people
don't park on our grass (no sidewalk buffer here). These rocks are like small
boulders about 1' x 1' in irregular rock shapes and are about 1' off the
street. HOA claims that a child was getting chased by a dog, ran on our
property and tripped/fell on one of the rocks and got real cut up as a result.
HOA has indicated that we need to remove them. Do I need to? I feel the child
should never have been on our property and dog should have been leashed.
Second, I recently planted some wax myrtle trees along my property line for some
privacy. One of my neighbors complained to the HOA. HOA has indicated
that I needed approval before landscaping. However, I read the
convenents several times and do not see any mention that approval is
needed for landscaping.
Below is the only section of the convents with any sort of mention of landscaping. I appreciate any input.
Section 9.1 Architectural Climate Committee. Except for original construction performed by or on behalf of Declarant or as otherwise in these convenent provided, no building, fence, electric pet fence, sidewalk, drive, mailbox, or other structure, or improvement or anything attached thereto visible from the outside of the structure or improvement shall be erected, placed, altered, or maintaned withing the Subdivision, nor shall any exterior addition to or change (including any change in color) or alteration therein made, until the proposed building plans, specifications, exterior color and finish, plot plans (showing the proposed location of such building or structure, drives and parking areas), general contractors and all subcontractors, all construction schedule shall have been submitted to and approved in writing by the Board of Directios of the Association, or by any architectural control committe appointed by said Board of Directors. Refusal of approval plans, location or specification by said Board of Directors or achitectural control comittee may be based upon any reasonable ground, including, without limitation, lack of harmony of external design, color, location or relation to surround structures and topography and purely aesthetic conditions which, in the discretion of said Board of Directors or architectural control committee shall deem sufficient. After approval by the Board oF Directors or architectural control committee is fiven, no alterations may be made in such plans except by and with their prior written consent. One copy of all plans, specifications and related data shall be furnished the Board of Directors or architectural control committee for its records.
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