CC&Rs: Changes to 2.4

Adjustments have to fencing parameters adjusted based on resident feedback. Current fencing will, in most cases, be acceptable within the new parameters. Any current fences outside the proposed changes will be addressed on a case-by-case basis. All residents with fences will be expected to adhere to the portions regarding maintenance and appearance of fencing.

Current:

2.4  Fences. The following restrictions shall pertain to fencing: no fence or wall shall be erected, placed or altered on any lot nearer the street than the minimum set-back lines established herein. No fence shall be erected on any lot closer to any street than the main structure without the written approval of the developer, and no fence on any lot shall exceed four (4) feet in height without the written approval of the developer. No fences shall be constructed on overland drainage easements or upon walkway or access easements which in the opinion of the developer would impair or hinder the intended use thereof.

In addition to all fencing restrictions set forth in the paragraph above, the following fencing restrictions shall apply to all lots:

In the event a fence is erected upon a lot, such fence shall be a “wood post and rail” structure with black vinyl chain link thereon. No privacy fences allowed, expect for screening fences installed by the developer and or limited privacy fences installed in backyards. Such privacy fences must be approved by the developer prior installation. The developer reserves the right to enter upon such lots in order to maintain, repair such fencing in a manner which the developer, in its sole discretion, believes to be reasonable and appropriate, and the cost thereof shall be charged back to the lot owner as a lien and shall be covered by paragraph 3.2 thereof.

Proposed:

2.4   Fences. The following restrictions shall pertain to fencing: no fence or wall shall be erected, placed or altered on any lot nearer the street than the minimum set-back lines established herein. No fence shall be erected on any lot closer to any street than the main structure. No fence on any lot shall be less than four (4) feet in height or exceed six (6) feet in height. No fences shall be constructed on overland drainage easements or upon walkway or access easements which in the opinion of the HOA would impair or hinder the intended use thereof.

In addition to all fencing restrictions set forth in the paragraph above, the following fencing restrictions shall apply to all lots:  

A.  In the event a fence is erected upon a lot, such fence shall be constructed within the following guidelines. A wood post and rail structure must have black vinyl chain link thereon and must be at least four (4) feet in height. A privacy fence may not exceed six (6) feet in height and must be constructed of materials that will maintain an appealing aesthetic presentation.

B. Homeowners are responsible for all fence maintenance including staining, painting, and repairs. Maintenance such as this must be performed regularly and no fence should be seen with a weathered, shabby exterior, broken and/or missing boards, or leaning in such a way that it is no longer sufficiently secured to the ground and/or house.

C.  A temporary retaining fence may be utilized no longer than 60 days while the owner constructs a permanent fence. This would include metal/plastic poles with plastic or other material intended to be used as a temporary barrier.

The HOA reserves the right to enter upon such lots in order to maintain and/or repair such fencing in a manner which the HOA, in its sole discretion, believes to be reasonable and appropriate, and the cost thereof shall be charged back to the lot owner as a lien and shall be covered by paragraph 6.3 hereof.

You may submit additional modifications by posting a comment below. You do not need to “approve” the changes within the comments; this area should be used for additional feedback on the changes proposed above. Comments will be visible to residents. The HOA Board of Directors reserves the right to remove/amend any comments which it feels to be inappropriate in this venue..