Two constant terminologies you’ll hear or read a lot about, during your research or consultations with a professional fencing contractor are ‘fence permit’ and ‘HOA rules’. The former is necessary to safeguard yourself from any legal repercussions and ensure compliance with the local laws. Whereas the latter is for the overall betterment of the neighborhood and keeping the peace in the neighborhood, as well as preserving the market value of the property without any encroachment taking place by the fence installation.
Essentially, a fence permit and following the guidelines of the HOA (Homeowners Association) in the form of rules are necessary before you can actually get to the fence installation part. With that in mind, let’s do a deep dive to understand their importance and why not having either can have negative consequences. Here we go!
Importance of Fence Permits and Zoning Laws
Fence permits and zoning laws help you build safely and legally. Skip them, and you risk fines or even fence removal.
What Exactly Is a Fence Permit?
A fence permit is the legal permission in the form of a document detailing the expressed approval of the local government building department/authority to allow a homeowner to construct a fence on their property. Sometimes, there isn’t a requirement for a permit, but it’s always best to check with your local town planning and municipal office to see if it’s necessary. This due diligence, while a slog, will actually save you a lot of headache mid-installation without any permit, and you won’t have to scurry away for legal assistance.
If you initiate a fence installation without a fence permit, it can actually be really detrimental for you. You may face legal notices of cease and desist, followed by a government-sanctioned demolition of your fence, and face hefty fines as well.
In What Situations Is a Fence Permit Required?
Most states/cities require a permit for new fences, tall fences, or those built near roads, sidewalks, or utilities.
Where Do Homeowners Apply for a Fence Permit?
A fence permit’s main purpose is centered around the aspects of safety and visibility. Basically, if you want to install a fence, chances are that the fence could be taller than the limit set by the local bylaws, and it can lead to potential issues of accidents and burglaries due to a lack of visual clarity. Similarly, if the distance from the property line isn’t adequately spaced, it can be a real hassle for utility lines and workers to do their job, and that can lead to several disruptions. So, to avoid these problems and others, it’s critical that you apply for a fence permit.
As for where you can get a fence permit, well, it’s simple, really. You need to call/email your local government’s zoning department and ask for it. They will simply tell you the prerequisite fee and the documentation you need to prepare for submission to get the fence permit. Simply follow their instructions during working hours and wait for your fence permit.
What Are the Consequences of Not Having One?
Without a permit if required by local area, you risk legal trouble, neighbor disputes, and costly reconstruction if your fence violates local codes.
What Are HOA Rules, and Why Do HOAs Hold the Final Say Over Your Fence Installation?
HOA (Homeowners Association) is a representative body of the community, and it holds the administrative authority to grant or reject approvals for a fence or any modification to an existing property. Every housing society and community has one, and it’s their job to enforce code compliance, also known as HOA rules, by the residents to minimize and curb disputes. They can take action against structures that disturb the harmony and architectural integrity of the housing arrangements of the community and the quality of life in the neighborhood.
The reason why an HOA has so much power regarding your property’s fence installation is that during the time of the purchase of your home, you have to willingly sign and accept the terms set by them. This includes fence installations and any other structural changes requiring written approval by the HOA.
Why Does the HOA Get a Say in My Fence Choice?
Your HOA oversees fence choices to ensure your project complements the community’s design and regulations.
What Do the Rules Say About Fence Height, Color, or Materials?
Your fence’s height, color, and materials are usually guided by local zoning laws.
How Do I Make Sure My Fence Design Gets Approved?
Getting approval is easy, just follow area guidelines, provide accurate plans, and wait for confirmation.
Is It Possible for the HOA to Demand I Take Down My Fence?
Yes, if your fence violates HOA rules or was built without approval, they can require you to remove or modify it.
How to Comply with HOA Rules?
The main thing to consider is not going against any of the strict conditions set within the HOA rules. If there is a grey area, and you can present your case strongly, you should prepare notes and take photographic evidence to your meeting with the HOA members. Carefully read the details within the body of texts of the HOA rules regarding fence height, prohibited base materials, and the distancing guidelines. See if everything you plan within your fence is compliant with them; after that, you can go ahead and apply for the HOA approval.
Should You Get a Fence Permit First or HOA Approval?
It’s always wise to consult your local HOA at the earliest. Chances are that if you don’t, and directly go to your local planning department and apply for a fence permit, you’ll face instant rejection. That’s because sometimes local government laws require a prior HOA approval to grant a fence permit.
What If City Rules and HOA Rules Are Clashing?
Talk about a rock and a hard place, huh? It’s rare but not entirely impossible for city rules and HOA rules to be in direct conflict for fence installations. In that case, you don’t have to worry too much, as the city rules will prevail, and you can bring this to the attention of the HOA members. This will likely result in an amendment to the HOA rules, and you’ll have an easier time getting your fence installation permit and HOA approval. If they resist, well, you’ll need to consult a legal expert to take action, and they’ll guide you further.
Some Handy Tips for Getting Your HOA Approval and Fence Permit Fast Tracked
Always make your preparations before going in blind for seeking a fence installation permit or an HOA approval for it. Here’s how:
- Consult the CCR (Covenant, Conditions, And Restrictions) text of the HOA rules, and make brief notes of the limitations to always remember them.
- Ask for help from neighbors who have already got a fence installed on their property.
- Organize and file all correspondence and documentation for easy access and consultation.
- Include exact measurements, materials, color, and location on your property map – clear plans get faster approvals.
- Including images or material samples with your application helps reviewers visualize the finished fence.
- Changing designs mid approval can reset your application process, so finalize your plan before applying.
- Double check that all required documents like site maps, drawings, and application forms are attached before submission.
- Submitting your application during slower times (maybe winter) can help your approval move through faster.
- Keep all documents, emails, and drawings ready and respond quickly if your HOA or city requests clarification
- Stay in touch with your HOA and city office – polite check-ins can keep your application at the top of the pile.
- Always reach out to a reliable and experienced fencing contractor for assistance in getting permits and approvals from your local government department and HOA.
- Always get written confirmation from both your HOA and local authorities before beginning construction to avoid setbacks later.
Does Big Jerry’s Fencing Offer Consultation For HOA Approvals And Fence Permits?
Yes! In fact, we offer support team that will walk you through the whole process and guide you every step of the way until the fence is fully installed over your property but it may charge you a fee for it. We have seen many folks who get nervous or anxious during this process, and that’s why our seasoned experts will do the legwork on your behalf and make everything a cakewalk for you at a vert small cost.
Of course, it will require a separate fee for such a service, but think of it this way: you won’t have to deal with the hassle and stress of arranging everything. We’ll do it for you. And to sweeten the deal, we also offer the best service rates in America. So, for a seamless fence installation experience, don’t hesitate to contact us!
Let Big Jerry’s Fencing take the stress out of your fence installation. We have an experienced and knowledgeable crew that handles the planning, permit paperwork, and fence installation the right way. Our simple goal is to deliver a flawless fence that meets all rules and your personal vision – on time and within budget.
