We moved into a new neighborhood 4 months ago. The deed restrictions regarding fences allowed wood & vinyl fences. Before the developer turned over the community to the HOA they changed the covenants to only allow Vinyl fencing, although there were already a few wood fences in place.
We would like to put up a wood fence. They are half the price and withstand the hurricanes much better than vinyl. We have a neighborhood that is in disarray because of the fencing issue. We are trying to get a community vote to change, but lack the necessary votes, etc.
Our community has phase 1 and phase 2 and we live in phase 2. My husband was online and found that the developer never filed the appropriate documents to add phase 2 to the legal documents recorded with the county. My husband went to the building department and according to them there are no governing deed restrictions filed for our phase and they basically said anything goes and they issued a permit to us. Others have told me that if you have a county permit then your HOA can't do anything??
So my question is if we install a wood fence is it against the law? Can they file the necessary paperwork and then make us take it down or will we be grandfathered in? The county personnel said that the HOA could possibly sue us to take it down but technically speaking none of the covenants apply at this time.
Thank you!
We would like to put up a wood fence. They are half the price and withstand the hurricanes much better than vinyl. We have a neighborhood that is in disarray because of the fencing issue. We are trying to get a community vote to change, but lack the necessary votes, etc.
Our community has phase 1 and phase 2 and we live in phase 2. My husband was online and found that the developer never filed the appropriate documents to add phase 2 to the legal documents recorded with the county. My husband went to the building department and according to them there are no governing deed restrictions filed for our phase and they basically said anything goes and they issued a permit to us. Others have told me that if you have a county permit then your HOA can't do anything??
So my question is if we install a wood fence is it against the law? Can they file the necessary paperwork and then make us take it down or will we be grandfathered in? The county personnel said that the HOA could possibly sue us to take it down but technically speaking none of the covenants apply at this time.
Thank you!
