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Nick1700

HOA Issue. Define a double fence

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I live in an HOA around the area of Charlotte North Carolina. I have had an existing metal fence that was approved by the HOA and installed in October of 2015. The HOA requires that we use existing fencing that is up prior to us constructing fences made of other materials. For example, there is a wooden fence in on the property line you have to tie in with the same style of wooden fence, according to HOA rules. If it is metal, you tie in with a metal fence. A new neighbor built behind me and put a 6-foot wood fence up that is around 10 inches away from our metal fence.  This was over one year from the time I fence had been installed. Now because the HOA is so slow in responding,  three other neighbors have built off of this fence line . My question is...what is the exact definition of a double fence? Does a certain distance between fences negated from being a double fence? Finally, how do I get my HOA to act with dillegence so a small problem does not escalate into a larger one? 

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I would say that it could possibly be a problem because of the definition of a double fence. If there is space between the fence what defines it as double and not double? The HOA is dragging their feet which to me makes me feel like that there's a problem.

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4 hours ago, Nick1700 said:

The HOA is dragging their feet which to me makes me feel like that there's a problem.

Dragging their feet on what?

 

What, exactly, do you want the HOA to do?

 

4 hours ago, Nick1700 said:

It's also a problem because I really don't want to look at a wood fence stuck a few inches on the other side of my metal fence that is going to kill my resale value.

 

I wish I had a buck for every time I read that about resale value. You're imagining something that might never happen. Next buyer might like a solid fence between him and his neighbor and I suspect most buyers will ignore it. Besides, just how much of a reduction in resale value do you think will result? Put a dollar amount on your fear and let's see what it looks like.

 

4 hours ago, Nick1700 said:

I would say that it could possibly be a problem because of the definition of a double fence. If there is space between the fence what defines it as double and not double?

 

Why are you obsessing on the definition of "double fence"? Is there something in your CC&Rs that prohibits a "double fence"?

 

21 hours ago, Nick1700 said:

The HOA requires that we use existing fencing that is up prior to us constructing fences made of other materials. For example, there is a wooden fence in on the property line you have to tie in with the same style of wooden fence, according to HOA rules. If it is metal, you tie in with a metal fence.

 

Please quote those rules word for word so we know what we are talking about. Paraphrasing is often woefully inaccurate.

 

Does this diagram describe your problem?

Fence.jpg

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On 10/22/2016 at 1:29 PM, Nick1700 said:

what is the exact definition of a double fence?

 

No idea.  It's certainly not a term that is defined by any law.  If it's a term that appears in your CC&Rs, then that's where you'd have to look for a definition.

 

 

On 10/22/2016 at 1:29 PM, Nick1700 said:

the HOA is so slow in responding

 

Slow in responding to what?

 

 

On 10/22/2016 at 1:29 PM, Nick1700 said:

how do I get my HOA to act with dillegence so a small problem does not escalate into a larger one?

 

I'm not sure what the problem is, but you could contact the board members and bug them, show up at board meetings, seek to vote out existing board members in favor of those who will act in ways that will make you happy.

 

 

On 10/23/2016 at 6:20 AM, Nick1700 said:

It's also a problem because I really don't want to look at a wood fence stuck a few inches on the other side of my metal fence that is going to kill my resale value.

 

I have a hard time imagining that this would have anything more than the most negligible impact on your "resale value."  Obviously, I can't see the two fences, but as you've described it, it really sounds trivial and also sounds like you want some rule enforced even though the rule has no real purpose.

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Hi @Nick1700

 

Welcome to the community and thanks for posting! As other posters have mentioned, the HOA regulations/bylaws would probably contain the definition of "double fence." If you are unhappy with the wooden fence and would like your HOA to take action to enforce the rule that the fence must be metal, you may need to speak with a real estate attorney.

 

Best of luck!

The FindLaw.com Team

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