Quote:
Originally Posted by downeaster
I recently decided to construct a raised planting bed using landscape blocks. I presented the plan to The Architectural Review Committee. The Committee denied my request because it extended 3' into an easement I didn't know existed. It seems there are 12' between me and my neighbor and 10' of that is easement. They suggested just moving so there was no encroachment. I agreed and the project was approved (and almost completed).
I have since noticed there are numerous homes with construction extending well beyond a possible easement.
I have talked to a lot of my friends about this and none knew of any easements between homes. So I thought a "heads up" here was in order.
My advice is do not construct or plant without ARC approval. The process is pretty straight forward.
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Sadly, the ARC is more of a paper lion than anything. if you study the covenants you will discover there are practically no specifics other than unattached buildings or roof top antennas. We fought an issue for nearly a year and the final decision not in our favor was the wording "aesthetically pleasing". ARC defined this to mean " beauty is in the eye of the beholder".. Further defined as what is ugly to one person might be beautiful to another.
Our entire neighborhood found that ARC basically has no power to deny anything. If it is not specifically noted in the covenants, you have ne recourse.