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Hi, I moved in about 4 months ago and before I purchased the home I asked about the fence. The sales lady said it has to be a black ornamental aluminum fence and gave me a paper showing the fence. They had the same fence outside the model and we thought our small Chihuahua might be able to fit between the pickets, so we brought him down and sure enough he squeezed through. I researched these fences and found that they make the same fence with a slightly tighter picket spacing. I told this to the sales lady who acted like this would be fine. We went ahead and bought. Before I closed on the home I thought I'd better make sure about this tighter spaced fence and I contacted the HOA. They put me in touch with the President who stated "he did not see a problem with it, but we would have to first buy, then petition for an exemption". We did buy, and when I moved in I asked the HOA managment office about how to petition, the immediately said there would be no variances allowed.

2007-06-22 11:06:06 · 7 answers · asked by mr b 1 in Business & Finance Renting & Real Estate

So I asked what am I to do? We have a conservation preserve behind us with wild animals and if we both know my dog can fit through what happens if it gets killed, or what happens if he bites the neighbor? Who is liable for this? What are my rights? I did not even get to properly petition for this. I asked who the president of the board is, as it has been a few months since we spoke, they gave me his name but would not give me a phone number. They said you have to go through us to contact him? This all sounds like a bunch of crap. The fence I want to use looks exactly the same, it just has the pickets spaced a little closer and will solve the problem. What should I do about this? Thanks all

2007-06-22 11:11:28 · update #1

7 answers

You may or may not be successful working your way through the HOA. We've had a difficult time with ours at times (other times, their great). However, if you can't get the variance, you may try some other options.

1) Use a tie-up - Yes, not the best freedom. You also want to make sure he can't get caught up in the fence and "hang" himself.

2) Train him not to leave the yard - I've seen it be successful, but if you don't trust him, this is not a good option.

3) Work with an invisible fence. The wireless fences are good, but probably not for your situation. I can't believe that the HOA would have a problem with the invisible fence since no one would see it. They are easy to install and relatively inexpensive. Many of them have varying correction (aka shock), and most also have a noise only correction. I've seen them work great along with a traditional fence (especially if your dog digs or can squeeze through the fence). Check out these options if it's right for you.

2007-06-25 09:42:35 · answer #1 · answered by Ed S 1 · 0 0

Good luck ... I hate HOAs. We have an 85 page HOA rulebook and it's ridiculous.

Your options depend on your state laws and how much time & effort you are willing to spend on this. The first place to start would be contacting the President again and ask him what to do. He's the one that directed you so ...

Other options would be to just have the smaller pickets put in (perhaps nobody will notice if it really looks that similar), add netting or chicken wire to the fence or an underground "invisible" fence to compliment the one that is already there.

That aside, a little dog like that should not be left outside alone if you are worried about other animals killing it. Birds of prey can swoop right in and pick it up fasterthan it would squeeze out of a fence.

2007-06-22 11:21:13 · answer #2 · answered by Patrick N 1 · 0 0

You might inquire of the HOA if they would allow you to use the specified fencing and then allow you to attach to the interior something to the effect of poultry netting, which would certainly keep your little dog from going through. I understand the HOA requirement, since they want to maintain uniformity within the subdivision. However, they may tolerate the interior modification on a temporary basis so that your doggie is protected.

2007-06-22 11:14:58 · answer #3 · answered by acermill 7 · 0 0

The unfortunate side effect of being in a neighborhood with a homeowner's association is that they get to dictate to you what you can and can't do in your yard, house and general everyday lives. Yeah, it might help in beautifing some neighborhoods.....help keep the crime rate down in some areas.....but there are a lot of draw backs to this.

If you decide you'd like a koi pond in your back yard....you have to go through them, if they say no....then you can't do it....they have the right to come on your property, and tear it apart.....and you can't do anything about it. If you want to expand your house or even do repair work...you have to go through them, if they say no, and you do it anyway...they can have you arrested, your house forclosed and your family forced to move out of there.

I hate neighborhood associations for that reason alone.

2007-06-22 11:20:16 · answer #4 · answered by Machowolf 4 · 0 0

Without getting it in writing in advance, your only option will likely be an appeal to the entire association.

Personally, I never buy into an association. Can't stand someone else telling me what to do with my property.

2007-06-22 11:13:28 · answer #5 · answered by Bostonian In MO 7 · 1 0

I would go to the next meeting and plead your case there. If this is to no avail, move.

2007-06-22 11:09:25 · answer #6 · answered by Anonymous · 0 0

www.petstop.com

2007-06-25 10:46:14 · answer #7 · answered by Pet Stop Of Charleston S.C. 2 · 0 0

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