Chain Link Fences Topic

UPDATE JANUARY 8th, 2008 - Submissions have been considered and a decision will be posted here and mailed out before the end of January, 2009. Thanks for everyone's input!

CHAIN LINK FENCES ARE NOT ALLOWED! Chain link fences – whether vinyl coated or not - are NOT allowed in the Brooks of Hickory Hollow per Article II, Section 2.5 of the Declaration of Covenants, Conditions and Restrictions. A recent physical inspection of the subdivision identified all properties with chain link fences. After consulting an attorney, the board has mailed a letter to those homeowners offering an opportunity to request a temporary waiver to keep their fence until it needs repair/replacement or December 31, 2015 – whichever comes first.

We have received several emails regarding this issue from homeowners that have existing chain link fences. We want everyone to know the circumstances of this deed restriction being brought up at this time.

This not a new rule. The Board did not change anything. A homeowner at the annual meeting brought up the issue of chain link fences not being allowed per the Declaration. As requested, the board looked into the matter, and found the homeowner to be correct. The Declaration is the legal document that contains the deed restrictions for our subdivision. It was recorded in the public records in 1993 and has not changed. The Board of Directors does not make, change, or delete anything that is in the Declarations and does not have the authority to do so.

We are very much aware there is much confusion on this issue. It appears wrong information has been passed around for many years. It was only after this was brought to our attention and researched did we find that chain link fences are not allowed, vinyl coated or not. An attorney was consulted for advice on how to address existing chain link fences, and his recommendation was followed to allow homeowners to keep them until such time as they needed to be repaired or replaced with a fixed date for all to be removed. A "Forever" exemption is not possible since no fence lasts forever and they can not be replaced with another chain link fence. There also needs to be a clear date when all the fences will be removed.

We knew it would be a hardship to have everyone immediately remove their fences. The temporary waiver is intended to accommodate people with fences while still enforcing the Declaration. It is a way to help those with fences document and grandfather them in for another 7 years. No one is being asked to remove their fences immediately. We only want to have the waiver on file so that there is a record of everyone with existing fences and there is no doubt who is grandfathered in or not.

This issue is currently being discussed by all board members and certainly is not closed for discussion, in fact there is one board member that has a chain link fence themselves. We encourage you write to us with suggestions. If you have an idea or suggestion you would like to share regarding this issue, please let us know!

We encourage all homeowners to attend the annual meetings where issues like this are often discussed.

THANK YOU FOR HELPING MAKE THE BROOKS OF HICKORY HOLLOW A GREAT PLACE TO LIVE!

BOARD MEMBERS:
Kathy Wright
David Phillips
Don Coffey
Rob Byron
Tony Newell