Sigh. Today was not a fun day. We started the fence build with a few friends. Wasn't long before a neighbor was over to "meet us" aka tell us we couldn't build a fence "unless we were putting up a pool." She was two doors down on the left.
Not long later a guy three doors down on the left came to warn us there were restrictive covenants, he seemed genuinely interested in just warning us, not to keep us from buulding. I told him I read all of them.
While I was talking to him a lady I later found was two doors to the right litterally stormed over and said she heard someone was building a fence and we couldn't. I replied fences weren't banned but required approval from the Architectural Control Committee, which no longer existed. She said there is verbage that it can be reinstated, and she would be contacting her lawyer. I told her okay, do that.
So, couple things: She can get the ACC reinstated, but it requires a majority of the current lot owners to approve (so 25 out of the total 48 lots, assuming they are all owned by different people).
Second thing is she's not even in OUR subdivision, the neighbors to our immediate right are the last house. She could get people in ours to reinstate the ACC, and if successful, even be on it, but still. Plus, they are selling their house, at least probably, so why would they care?
We decided we will continue unless they take us to court or otherwise manage to get the ACC reinstated and have it deny my fence. Plus if they sue and we have to stop building while it goes through court, we will:
- Have a half completed fence they have to stare at.
- Change the pool permit to a pool with a top rail fence, and put that up without the yard fence. So they will have to stare at a pool they otherwise couldn't see, though a half completed fence!
Hopefully they are bluffing, and nothing will come of it. We will see I guess!
There is a clause that says if any project is completed before a suit to stop it has been delivered (something like that) it is as if ALL covenants have been followed. So we were just going to get it up quick but we ran into roots and clay and tomorrow there is rain, so we only got two posts and a further one full hole and two half holes dug.
Oh, and then the neighbor to our left came over to tell us we couldn't build a fence, how he had wanted too but was told he couldn't by the city planning committee (which makes no sense). I think he doesn't want us to build a fence but doesn't want to tell us that directly.
We almost met more new neighbors today than we did at our open house housewarming party!
Oh, and I'm thinking of consulting with a property lawyer next week.