Fence issue on new house with builder (and HOA??)

Fence issue on new house with builder (and HOA??)

  Home | Guides | Register Now! | Search | About
 misc.consumers.house.homeowner-assn    Post an article   get this group's latest topics as an RSS feed add this group's latest topics to your My MSN content add this group's latest topics to your My Yahoo content
 Fence issue on new house with builder (and HOA??) survesh2000 Reply Send to a Friend   Print
 
Subject Author Date
Fence issue on new house with builder (and HOA??) survesh2000 03-23-2006
I'm yet to move into my newly constructed home and I'm already fed up
with the HOA rules being imposed on me by my builder!

My house is still a month away from completion and my builder has NOW
denied what had been agreed at the red-line meeting - to move my fence
to the front of my home ( I've paid for the extra cost for moving the
fence to the front)

LOT SHAPE below:

75 ft
-----------------------------*
| x x
|
|
| <---------- fence starts here (10 feet from x)

| x x < --------- (right corner of house)
|
|
| y y
|
|
===========*
50 ft

y: car garage entrance
x and y: house foot print
imagine a line connecting the two stars * to be the right side
property line

My lot size is 75 ft at the back and 50 ft at the front and is 100 ft
deep. My home is placed on the extreme left so that I can have maximum
yard space to the right of my home. But, now my builder says that the
rules of the HOA states that the fence must "end atleast 10 feet from
the RIGHT corner of the house". I find this rule crazy as the fence may
end at any place depending on the size/shape of the house (foot print)
that one has choosen. The foot print of my house is pretty big and the
RIGHT side of the house starts pretty much at the center of my lot and
the fence starts 10 feet behind this RIGHT corner.

Another house with a smaller foot print would have an extended fence
just because the RIGHT CORNER of the house starts very close to the
entry of the lot. I've read in some other messages where the fence
should end at a certain feet from the "property set back line"
(whatever that is) or from the "front of the lot".

Since this is my first home I really don't know if my builder is being
fair to me? I drove around my community and saw 1 other house where the
fence extended to less than 2 feet from the RIGHT CORNER of the house.
THere are another 4-5 house where the fence extends almost to the front
of the house but they are all corner lots (any special rule for corner
lots???)

My questions are:
1) Why is the builder already conforming to the rules of the HOA? SInce
my house is still under construction how can the HOA's rules be imposed
on my property?

2) I've a copy of my house plan where the fence is clearly marked to
extend till the front of my house, but my builder is dodging me saying
that he never meant it to be there? (I'll post this picture soon
here)

3) Is there any way where I can get my fence where I want to be...can I
say I'm putting a mini pool in my yard etc.

If I do not get it now then I think I can never get my fence to the
front after I close my house.

Any ideas...suggestions..please help! I'm going to talk to my builder
in a day or two based on your feedback.



other useful resources:
Government National Mortgage Association - Ginnie Mae
The National Home Equity Mortgage Association
Fannie Mae Mortgage
Movie-Corner.com Movie Blog