We recently moved into a new home development. The HOA requests that each homeowner to get signed approval from surrounding neighbors if any plants, trees, etc exceed the height of the fence. A signature is not required for HOA approval, but without it, a hearing might need to be set up to resolve the dispute. Currently, there are several homes with 15' to 20' trees in their backyards that have been granted approval.
The plant in question is a slow growing, approximately 15 year old, Pigmy Palm that has a trunk height of 3 feet (growth rate of < 3 inches per year). A few of the fronds extend around 8-12 inches above the shared fence (on our property only) and are only visible over the shared fence between our two properties. The homeowners state this plant "might" block their view. Geographically speaking, their lot sits roughly 12 inches lower than does ours. Once, the height of our shared fence is factored in; the homeowners would have to stand over 7 feet tall to see any view from their rear yard, without the help of increased elevation.
The plant in question, does not affect their view through the rear iron fence located at the back of each of our properties. When we asked the homeowners to explain how our Pigmy Palm affected their view, they stated that they were not sure, as they are still considering various ideas for what will be added to their rear yard and recommended that we wait 3 to 4 months until they have a better idea of their plans.
Lastly, we were informed by the homeowners that they a considering a raised platform structure (like a deck) to gain additional view over our shared fence and through our rear yard. I am sure you can understand our concern regarding this proposal, as we believe that visible persons over the fence line will potentially violate our right to privacy and create general feeling of uneasiness.
Based on our neighbor's lack of proof that our plant will possibly affect their view in the future, should we proceed with gaining HOA approval despite their objections? Any chance that we will have to move the plant or are they just being unrealistic? Or are we?
Also, when it comes to privacy barriers, in this case, a shared fence, is there anything legal wise that we can do to keep the neighbors from building an elevated deck along the fence line? I figure (opinion only) that a 6' fence is intended to create privacy from one home to the next. Is there anything that rules against a neighbor's attempt to bypass it's intended use to gain more view at our privacy's expense?
Thanks
The plant in question is a slow growing, approximately 15 year old, Pigmy Palm that has a trunk height of 3 feet (growth rate of < 3 inches per year). A few of the fronds extend around 8-12 inches above the shared fence (on our property only) and are only visible over the shared fence between our two properties. The homeowners state this plant "might" block their view. Geographically speaking, their lot sits roughly 12 inches lower than does ours. Once, the height of our shared fence is factored in; the homeowners would have to stand over 7 feet tall to see any view from their rear yard, without the help of increased elevation.
The plant in question, does not affect their view through the rear iron fence located at the back of each of our properties. When we asked the homeowners to explain how our Pigmy Palm affected their view, they stated that they were not sure, as they are still considering various ideas for what will be added to their rear yard and recommended that we wait 3 to 4 months until they have a better idea of their plans.
Lastly, we were informed by the homeowners that they a considering a raised platform structure (like a deck) to gain additional view over our shared fence and through our rear yard. I am sure you can understand our concern regarding this proposal, as we believe that visible persons over the fence line will potentially violate our right to privacy and create general feeling of uneasiness.
Based on our neighbor's lack of proof that our plant will possibly affect their view in the future, should we proceed with gaining HOA approval despite their objections? Any chance that we will have to move the plant or are they just being unrealistic? Or are we?
Also, when it comes to privacy barriers, in this case, a shared fence, is there anything legal wise that we can do to keep the neighbors from building an elevated deck along the fence line? I figure (opinion only) that a 6' fence is intended to create privacy from one home to the next. Is there anything that rules against a neighbor's attempt to bypass it's intended use to gain more view at our privacy's expense?
Thanks
