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View Full Version : Should we tell our neighbors?


Billyg
01-28-2011, 09:11 AM
We are thinking of building a long Bird Cage extended from our house. The houses are pretty close together. Should we tell our neighbors? (We haven't met them yet) and could they protest in any way?
Thanks.

Tom Hannon
01-28-2011, 09:18 AM
Sometimes you might block a view such as a golf course or lake. Although everyone knows, the view they have when the house is purchased could change at at time. I don't think it would hurt to ask. Problem is, if the neighbor says no and you do it anyway tensions might build. Hopefully, the neighbor will not complain. This is the only issue in living in a community where the house are so close together. Hope all works out well for you guys.

aln
01-28-2011, 09:27 AM
1st run it past architectual review. Once it passes them, go out and start marking the property and see if the neighbors come out to converse with you and ask questions. You can mention what you want to do and see how it affects them.
Hope it works out for all involved!~

Tbugs
01-28-2011, 09:36 AM
I have seen some birdcages built very close to neighbors and personally, I would not like that at all. I had a similar thing back where I moved from. The new neighbor put up a wooden fort with ropes, swings, and a slide right next to my property line. I appealed it to the the Architectural Review Board but they said it was set back far enough on his property. Luckily, his kids did not like it after the 1st week and did not play on it.

The view is very important to me. That is why I bought a re-sale home that is golf course front. Of course, I did check to see if golf balls would come to the yard. In 17 months, 5 golf balls in side yard. Not too bad - and a "million dollar" view.

Naturally, first thing is to see if the birdcage will be approved by ARB. If it is not approved, problem solved. If it is approved, I would talk with the neighbor to see if he has a major objection to your birdcage. If he does, let your conscience be your guide.

graciegirl
01-28-2011, 11:17 AM
When you are considering a lot or a home, remember to think about these issues. You can build up to a certain distance from the lot line with the architectural review committee's blessing, of course.

Sometimes people take issue with things that really they should have thought about might happen. People have a right to build within the rules of this community.

You are very kind to think of your neighbors. They really can't complain legitimatly if you build according to the rules. I have seen a case where someone did build and had to take it down because they did not get approval first and it was not within the rules.

Good luck and happiness in your new birdcage and I hope the neighbors will be sitting out there with you enjoying your company.

redwitch
01-28-2011, 11:25 AM
If it were me, I would give my neighbor's a head's up -- not because of the ultimate outcome but because of the noise, dust, etc. Many contractors hire day laborers to help with the building (nothing wrong with that). However, if I were a neighbor, I'd like to know so that I could have a chance to remove valuables from being viewed through windows, etc. I'd also like to know approximately how long it will take so that I can protect my home from the dust. Most of all, I'd like to know because I'm inherently nosy.

l2ridehd
01-28-2011, 12:02 PM
Get it approved first. Then tell them your plans so they can plan. Don't ask, they will just say no and then you will have a neighbor who is not a friend. Get approval then tell them the plan. They should not get a veto option, it is your home and your lot and everyone can use the land as allowed by the ARB. Every one signs the rule book when they buy.

skip0358
01-28-2011, 12:18 PM
I do agree it's your land,but just my opinion. I thing ARB should visit the premises before they approve. Also someone should come out to see the end results. Case in point. A neighbor put up a veryyy large extensions which was approved. Then he went and put a walk way, then bushes. Another neighbor put up bushes in his yard to block the view of the new extension. Now another neighbor lost his view because of that move etc,etc etc. After all that another neighbor has had enough and is moving. Just one persons input. When lots are picked out and sold with views, some thought should be given before approvals are given to block a view. jmo

784caroline
01-28-2011, 01:44 PM
ARB will do the initial approve/disaprove based on plans and drawing submitted in relation to the known site plan and proposed builing structure. Its a desk approval/denail....otherwsie there is no way they could get through the numbers they do each week. There will be NO on-site review during this initial review. An on-site review would only occur if the initial plans are rejected and resubmitted and questions remain or if complaints/concerns are submitted to the ARB by an land owner.

SALYBOW
01-28-2011, 01:50 PM
We were told that there is a predetermined set back that must be adhered to. If you fit within that standard the architectural committee will apporve anything which is within accaptable constryction codes. If it is explained to the neighbors tjhat you have done this, they may not like it but you have the right to do it. If they are really unhappy maybe they can have some imput as to what is done. Your choice. :boom:

Tbugs
01-28-2011, 02:44 PM
Just because something may be legal does not mean it is the right thing to do.

Put yourself in their shoes.

If ARB approval is gained, you are legal to build to the permission of ARB. If you do speak with the neighbors about it and it seems they are going to be very upset by the birdcage - is it worth it?

What if the table was turned and you would be upset by their decision to build something you thought was unsightly? (not that a birdcage is unsightly.)

As I said in my first post, let your conscience guide you. Or you can just build as soon as ARB gives the approval without a word to anyone. It is your decision.

EdV
01-28-2011, 02:54 PM
Why would you consult with your neighbors for their approval? The very reason for having the ARC is to prevent people from making non-conforming changes to their property.

On the other hand, remember that extending your bird cage to the limit not only puts you closer to your neighbors, but also them closer to you.

Pturner
01-28-2011, 03:35 PM
Why would you consult with your neighbors for their approval? The very reason for having the ARC is to prevent people from making non-conforming changes to their property.

On the other hand, remember that extending your bird cage to the limit not only puts you closer to your neighbors, but also them closer to you.

Hi Billyg,
Welcome to TOTV. You sound like a thoughtful person for raising this issue.

I agree with EdVin on this 100 percent. Seeking your neighbor's approval or input does not make sense to me unless you plan to turn the decision over to your neighbor.

I would look at it from the neighbor's point of view to this extent: Would I have a legitimate complaint if my neighbor were doing what I'm planning to do? If so, then ARB theoretically should turn down the proposal. Nonetheless, I'd at least ask myself that. If you would not have a legitimate gripe, your neighbor should not have one either.

Many people in TV expand their homes, add birdcages, etc. It is quite common and accepted with the proper approval.

The second part of EdVin's answer is equally salient. Will you enjoy your birdcage, given it's proximity to your neighbor? Will you be considerate of your neighbor with respect to noise and other issues, and vice versa? All issues concerning proximity cut both ways.

Billyg
01-28-2011, 05:20 PM
No views here to worry about (wish there were.....)
This is a great group! So helpful.

BlueHeronFan
01-29-2011, 07:04 AM
I do agree it's your land,but just my opinion. I thing ARB should visit the premises before they approve. Also someone should come out to see the end results. Case in point. A neighbor put up a veryyy large extensions which was approved. Then he went and put a walk way, then bushes. Another neighbor put up bushes in his yard to block the view of the new extension. Now another neighbor lost his view because of that move etc,etc etc. After all that another neighbor has had enough and is moving. Just one persons input. When lots are picked out and sold with views, some thought should be given before approvals are given to block a view. jmo

I know exactly which one you are describing. Frankly, the ARB should have never approved that kind of extension. Then again, how obnoxious does one have to be to completely block in another's lanai in that manner. I met the owner of the extension at a social, so it doesn't suprise me.

Mikeod
01-29-2011, 09:56 AM
I know exactly which one you are describing. Frankly, the ARB should have never approved that kind of extension. Then again, how obnoxious does one have to be to completely block in another's lanai in that manner. I met the owner of the extension at a social, so it doesn't suprise me.
Having served on the ARB at our place in CA years ago, I can tell you there are some problems with what you describe. There are restrictions on property spelled out in deeds or CC&Rs and the ARB must consider those when approving any changes. They cannot apply these restrictions differently for different homeowners. They cannot deny changes that are not prohibited by deed restrictions, CC&Rs, or city/county/state/federal laws. If they do, they open themselves up to litigation because they are acting capriciously and the homeowner can point to similar projects that were approved.

What you are advocating is that the neighbor should subjugate their enjoyment of their property to protect your enjoyment of your property.

Bill-n-Brillo
01-29-2011, 11:26 AM
"The word is......'subjugate'.......". :read:

I try to learn something new every day. That one takes care of me for today!! :)

Bill

charlie49
01-29-2011, 04:07 PM
When buying property with a view people should always assume that neighbors may build or landscape, within zoning restrictions, and decide if they could live with such additions.

It would be a shame for someone to build a smaller cage due to a neighbors concern and then have that neighbor sell their property a couple of years later.

Charlie

swrinfla
01-29-2011, 04:37 PM
My concern here:

In my six years here I haven't met any one who is a grouch. I've met only one or two people who've ever had an "issue" with a neighbor or a neighborhood. Yet this thread seems, occasionally, to assume that confrontations may be inevitable.

For that, I am thoroughly dismayed! I came here anticipating Good Will at all times and I have seen it. Even the possibility of engendering Bad Will gives me Heartburn something fierce!

SWR
:beer3:

graciegirl
01-29-2011, 04:50 PM
Having served on the ARB at our place in CA years ago, I can tell you there are some problems with what you describe. There are restrictions on property spelled out in deeds or CC&Rs and the ARB must consider those when approving any changes. They cannot apply these restrictions differently for different homeowners. They cannot deny changes that are not prohibited by deed restrictions, CC&Rs, or city/county/state/federal laws. If they do, they open themselves up to litigation because they are acting capriciously and the homeowner can point to similar projects that were approved.

What you are advocating is that the neighbor should subjugate their enjoyment of their property to protect your enjoyment of your property.

Well explained!!

graciegirl
01-29-2011, 04:51 PM
My concern here:

In my six years here I haven't met any one who is a grouch. I've met only one or two people who've ever had an "issue" with a neighbor or a neighborhood. Yet this thread seems, occasionally, to assume that confrontations may be inevitable.

For that, I am thoroughly dismayed! I came here anticipating Good Will at all times and I have seen it. Even the possibility of engendering Bad Will gives me Heartburn something fierce!

SWR
:beer3:

Swineflu,

I like you better every day!!

pooh
01-29-2011, 05:02 PM
My concern here:

In my six years here I haven't met any one who is a grouch. I've met only one or two people who've ever had an "issue" with a neighbor or a neighborhood. Yet this thread seems, occasionally, to assume that confrontations may be inevitable.

For that, I am thoroughly dismayed! I came here anticipating Good Will at all times and I have seen it. Even the possibility of engendering Bad Will gives me Heartburn something fierce!

SWR
:beer3:
Fret not, Swinfla, you will get plenty of Good Will.... :)

I, too, anticipate nothing but friendliness and that's what I've found. A smile has always been returned....and everyone knows a smile is like a spring tonic...makes you feel great!

Redtail
01-29-2011, 05:08 PM
Fret not, Swinfla, you will get plenty of Good Will.... :)

I, too, anticipate nothing but friendliness and that's what I've found. A smile has always been returned....and everyone knows a smile is like a spring tonic...makes you feel great!

the only unfriendly person ive ever run into is the 'friendly' th on this forum.

Bill-n-Brillo
01-29-2011, 06:51 PM
My vote:

a.) Go introduce yourselves to your neighbors (as you said you hadn't met them yet). Since it sounds like you're "thinking" of building the long bird cage (meaning the actual approvals, permits, and construction start-up could still be a ways off), this gives you some time to get to know your neighbors a bit prior to the construction.

b.) Get the proper ARB approvals.

c.) As others have suggested, I'd tip the neighbors off that you're going to build the bird cage. If it satisfies all the required criteria posed by set-backs and so on and the neighbor just happens to not like the idea of it, well......let them know you're building it with consideration to the concern any neighbor might have. Make them aware of any concessions you've already made (perhaps) regarding location, size, and so forth so as to have less impact on them. Then if they still don't like it...............such is life - not much I'd think you can do beyond that.

If it's 'legal' and it's being done with due consideration for the overall impact of the project, then go ahead and proceed.

Bill