TALLGRASS Homeowners Association RULE 2018-2

FENCES

Article IV, section 3.c. of THA’s covenants generally requires lot owners to maintain any required or authorized fences on their property. Article VI, section 3.n. specifically prohibits fences, unless approved by the Board of Directors, as follows:

Except as specifically authorized herein, no yard fences or patio fences shall be allowed anywhere in the Tallgrass Subdivision without the prior written consent of the Association Board of Directors or its designee. Any fences in the Tallgrass Subdivision not specifically authorized herein or hereinafter approved in writing by the Board of Directors or its designee shall be removed by the Lot Owner upon which such fence is located. If such permission to maintain such existing fence is not obtained, the Board of Directors may remove such fence and charge the cost of such removal to the Lot Owner. If permission is granted for any yard or patio fence, the Lot Owner shall be responsible for all maintenance and painting of the interior and exterior of the fence and may be charged for mowing grass on the interior of the fence.

In order to provide some guidance and consistency in the approval and construction of fences in our neighborhood, the Board of Directors hereby enacts this rule:

  1. Approval of requests for fences is not an automatic process and shall be solely based upon the discretion of the Board, considering all known facts and the interests of the applicant and the neighborhood, as a whole.
  2. Applicants for fence approval are encouraged to obtain and provide a survey of their lot, to ensure appropriate location of the fence.
  3. Requests for a fence shall be in writing and include: the name of the contractor being used; the type, and dimensions of fencing proposed to be installed; a precise drawing of the proposed locations of the fence; the lot owner’s intended need for and use of the fence; and written statements of no objection from the lot owners whose property is adjacent to the lot where the fence is proposed to be erected.
  4. If the proposed fence is not a partition fence on the property line between adjoining lots, room for mowing between lots must be allowed. An approved fence must have at least one functioning gate that will allow THA’s mowing contractors to have access to the fenced yard with the usual equipment being used by that contractor. THA covenants state that the Board may charge the owners of lots with fences for any extra time or increased mowing expenses required to mow and trimtheir fenced lots.
  5. Approved fencing shall be black aluminum of a brand, style or type substantially similar to that which has already been approved and constructed in the neighborhood.
  6. The Board of Directors shall consider all fence requests at a regular monthly meeting, after notice of the request is included in the agenda of that meeting. The Board shall consider any suggestions for or objections to the proposed fence from any THA lot owner.

Approved on the ___ day of ______, 2018.

______

Joseph W. Zima, president

Tallgrass Homeowners Association