Fencing & Covenants

Board on Notice: Fences in Easements Liability Risks

I’ve formally notified the Board about the serious legal and liability risks the community faces if it continues to ignore covenant restrictions on fences in easements—including stormwater easements. Click here for more details.

The Fence Issue Isn’t Resolved — It Was Repackaged

This post argues that the HOA’s handling of nonconforming picket fences did not resolve the underlying covenant issue, but instead shifted it into questions of selective enforcement, improper approvals, and potential liability for the Association. Click here for details.

How We Got Here: The Fence Vote Explained

Explains the context and purpose of the HOA’s upcoming fence vote, detailing how past architectural approvals and guideline changes led to the proposed covenant amendment, what the vote would actually change, and why homeowners should understand the implications before voting. Click here for details.

Community Comment (Former Architectural Review Committee Member)

A former Architectural Review Committee member describes the ARC’s position on fencing, noting that the recorded covenants require white solid privacy fencing and that deviations from those standards risk continued disputes and litigation. See the post here.

Letter to the Board Requesting Clarification on Fencing Enforcement

A written request sent to the Board seeking clarification on whether the Association intends to enforce existing fencing restrictions uniformly, including with respect to non-conforming picket fences, or pursue a formal amendment to the recorded covenants. See the post here.

Former Board Member David Noordhoff Commentary on Covenant Enforcement

A verbatim statement circulated by former board member David Noordhoff addressing covenant enforcement, proposed fencing changes, and the board’s responsibility to uphold the governing documents. Click here to see the post.

What the Fencing Survey Does — and Does Not — Address

A summary of the Board’s fencing survey explaining its scope, the amendment requirements involved, and the matters left unresolved. Click here to read the post.

What the Board and Management Company Said About Picket Fences — and Why It Matters

At the September 23, 2025 board meeting, the management company and board members offered explanations for the lack of picket fence enforcement and referenced recent guideline changes. This post looks at whether those explanations align with the governing covenants. See the post here.

Owner Lawsuit Against the HOA and Board Member Mike Guevremont: A Post-Mortem

This post explains why a homeowner lawsuit was filed, what the court decided, and why the underlying covenant-enforcement issue remains unresolved. It also examines the broader governance and transparency questions raised by the case. Click here for detailed explanation.

Fencing Enforcement and Covenant Compliance in Winchester Landing

This post examines how fencing restrictions in Winchester Landing are being enforced, identifies multiple unresolved covenant violations, and explains why uneven enforcement undermines covenant enforceability and exposes the association to legal risk. Click here for more details.