My question involves real estate located in the State of: South Carolina
Almost a year ago I requested approval to have a fence installed. The CCRs do not specify requirements for corner lots. All they state is that the fence must be on the back and side property lines. I have a 10 ft. utility easement on my side property line. Prior to selecting the lot and signing the contract I got confirmation I wouldn't have an issue with fencing to the property line. This information is documented via email only. Fast forward to closing and I submit my request and I am denied permission to fence in the easement. I contacted the Roads and Bridges County department and got an encroachment permit, the HOA still declined my request but would allow me to fence in half of the easement. I went ahead and installed the fence. As more homes closed on corner lots I have notice that privacy fences have been installed to the property line. I confirmed with the survey of the neighborhood that these homes also have utility easements varying 10ft to 15ft. Today the 4th home installed a fence to their property line. I have asked for reconsideration 4 times at this point and continue to get denied. The reason for the rejection is that they did not want to be responsible for restricting access to the easement. Do I have a way forward at this point? Should I just move the fence and see what happens? Would I have grounds to sue based on the HOA unfairly applying rules and restrictions? I am so frustrated that we are the only home with this requirement. All I want to do is move my fence and enjoy all of my property just like my neighbors. Thanks for any advice you can give me.
Almost a year ago I requested approval to have a fence installed. The CCRs do not specify requirements for corner lots. All they state is that the fence must be on the back and side property lines. I have a 10 ft. utility easement on my side property line. Prior to selecting the lot and signing the contract I got confirmation I wouldn't have an issue with fencing to the property line. This information is documented via email only. Fast forward to closing and I submit my request and I am denied permission to fence in the easement. I contacted the Roads and Bridges County department and got an encroachment permit, the HOA still declined my request but would allow me to fence in half of the easement. I went ahead and installed the fence. As more homes closed on corner lots I have notice that privacy fences have been installed to the property line. I confirmed with the survey of the neighborhood that these homes also have utility easements varying 10ft to 15ft. Today the 4th home installed a fence to their property line. I have asked for reconsideration 4 times at this point and continue to get denied. The reason for the rejection is that they did not want to be responsible for restricting access to the easement. Do I have a way forward at this point? Should I just move the fence and see what happens? Would I have grounds to sue based on the HOA unfairly applying rules and restrictions? I am so frustrated that we are the only home with this requirement. All I want to do is move my fence and enjoy all of my property just like my neighbors. Thanks for any advice you can give me.
Homeowners Associations: HOA Continues to Deny Request After Approving the Same for Other Homeowners
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