The Board recently distributed a homeowner survey regarding potential revisions to the community’s fencing rules.
The survey acknowledges that any change to permitted fencing styles would require a formal amendment to the governing covenants, approved by a supermajority of homeowners and recorded before taking effect.
The survey is forward-looking. It asks homeowners whether they support adding picket-style fencing as a future option for certain areas of the community—including options for different fence heights—contingent on adoption of a formal amendment approved and recorded in accordance with the governing covenants.
As written, it does not determine how existing fencing installations that do not comply with the governing covenants would be addressed if an amendment is not adopted.
With respect to what “may have been permissible in the past”, it is common for developers to establish an initial set of architectural standards and later refine those standards through recorded amendments as a community is built out. Once adopted and recorded, those amendments govern going forward, regardless of earlier allowances.
In this case, the privacy style only fencing restriction reflected in the governing covenants were adopted and recorded before homes were sold, and purchasers received the updated covenants as part of their required disclosure materials.
Note: The survey materials quote fencing language from a prior amendment. The currently governing fencing restrictions are those adopted in the amendment recorded in February 2025.
