At Tuesday’s Board meeting, the RSFA Board discussed passing a resolution that will put further restrictions on where Covenant members can place their fences. The proposed resolution will prevent Covenant owners from placing fences within 5 feet of their side yard property line unless they have a signed agreement with their neighbor allowing them to do so. Absent such an agreement, it would result in people building alleyways between properties with two parallel fence lines.
The Board is looking to interpret section 141 of our Protective Covenant as disallowing fences within 5 feet of property lines unless you have a written agreement with your neighbor:
Par. 141. (c) In Districts of Classes A, B, H, J, K and L along each side lot line there shall be a side yard of a minimum width of five (5) feet, provided, however, that upon the presentation of a duly executed party wall agreement between owners of two adjoining lots and with the written approval of the Art Jury, this requirement shall not apply as to said lot line, provided that this shall not reduce any free space of sideline setback requirement elsewhere established.
Two CDRC members present at the meeting stood up and stated that the CDRC disagrees with the Board’s interpretation of Paragraph 141 and requested more study of the issue and more discussion between the CDRC and the Board.
In the end, the Board voted to direct staff to write the fence resolution in consultation with the CDRC.
The next Board meeting is Tuesday July 2nd and the proposed fence resolution will be posted on the Association’s web site prior to the Board meeting. We will stay on top of this and post the proposed fence resolution when it becomes available.
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