Covenant-controlled neighborhoods are common in Southern Colorado, and one question we often hear at Blicks Fencing is whether or not homeowners need to get HOA approval on fence design.
The answer is likely yes. If you live in a neighborhood with a functioning HOA, chances are they have the right to approve or deny your request for a new fence, and failure to comply with their decision can lead to headaches and even legal battles.
What is an HOA, how do you know if your property falls within their boundaries, and how can you ensure you receive an HOA approval on fence design? Keep reading to find out.
What Is An HOA?
An HOA, or homeowners association, is a self-governing organization in "common-interest" communities where homeowners collectively pay fees to maintain shared amenities ad enforce rules regarding their properties.
Homeowners associations have a board of directors that collects monthly or annual fees to pay for common area maintenance and the upkeep of facilities.
HOA rules and guidelines are subject to a Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These CC&Rs set specific conditions for owners about the maintenance of their properties, such as structural restrictions, aesthetic choices, and penalties for violating the guidelines set forth in the agreement.
And yes, these CC&Rs often dictate HOA approval on fence design.
Colorado law dictates that these CC&Rs be provided to new buyers for review before finalizing the property purchase. Reviewing your closing documents should provide the answer if you are curious whether your property falls under HOA guidelines.
Why Should I Check With My HOA Before Installing A New Fence
Even if you got a copy of your CC&Rs at closing, we recommend checking with your HOA to ensure you have the most current copy of the rules. As design fads change, new regulations may dictate which materials are acceptable for fences, what colors your fence can be, and how high your fence can be.
Reviewing these restrictions yourself, and having a copy available for your first meeting with your professional fence installer, will increase your odds of getting HOA approval on fence design with your first submittal.
How Long Do HOAs Typically Take to Review and Approve a Fence Design?
Getting HOA approval for fence design can take anywhere from one to six weeks, depending on the project's complexity and the HOA's size.
Of course, providing detailed plans, drawings, or photos of the proposed fence can dramatically speed up the review process.
If you know that you want your fence installation complete by a specific date (like a summer kick-off party in your backyard), give yourself plenty of time to work through the approval process, especially if your initial submittal receives a denial for lack of compliance with regulations.
Be sure to factor in the fencing installer's schedule as well. As warmer weather sets in, schedules for new fencing fill up quickly.
You Might Like: How to Find the Best Fencing Contractor in Southern Colorado
Can My HOA Demand More Design Elements Than City Zoning Laws?
Yes, an HOA may require more design than the city zoning laws for fencing in some cases. While Colorado Springs and Denver zoning laws usually provide the minimum requirements for a fence, your HOA may have much stricter rules and regulations.
For instance, the HOA may dictate approved materials, size, height, and fence placement. These additional restrictions must be adhered to for compliance with your CC&Rs.
What If I Proceed With Installation Without My HOA Approval for Fence Design?
Generally, a reputable fencing installation company in Southern Colorado will only install a new fence in a covenant-protected neighborhood with the HOA approval on fence design. Their reluctance to do so is a benefit to both themselves and to you as the homeowner. Why?
First of all, installing a fence is hard work. Like any other local business, your local fencing contractor takes pride in their finished project. Because an HOA can demand that a fencing project be torn down and rebuilt according to their standards, a fencing company will want to know that the final design has received approval before beginning work.
Secondly, installing a fence without your HOA's approval leaves you open to demands for immediate removal, fines, fees, or even a lawsuit. Your HOA has the power to enforce its rules and regulations; if you fail to abide by them, you could be penalized.
Proceeding with installation without HOA approval can be a time-consuming and costly mistake for homeowners.
Will My HOA require My Fence Contractor To Carry Liability Insurance?
Yes, most HOAs require all contractors to carry liability insurance and worker's compensation insurance when installing fences. They will require proof of insurance listing the HOA as an additional insured party. The information for this and the minimum coverage amounts can be found in your CC&Rs.
A reputable fencing contractor will understand that insurance requirements are in place to protect the homeowner, the governing HOA, and the contractor from any potential damages that may arise during construction. Therefore, they will have no problem complying with insurance requirements.
Ultimately, the Responsibility of Obtaining HOA Approval on Fence Design Lies with the Homeowner
By having the requirements available to review with the contractor when you first meet for your free estimate, you can ensure that your new fence design meets the requirements of your HOA.
Professional fence installers are familiar with local zoning regulations and will be able to help you navigate the process of obtaining approval from your HOA. They also understand the ins and outs of working with HOAs and can help ensure your new fence is safe and aesthetically pleasing. These are just some of the many services you receive when hiring a professional team of fence installers.
However, getting the HOA approval on fence designs before installation falls to the homeowner rather than the contractor.
Blick's Fencing: Working With Homeowners to Get HOA Approval on Fence Design For Over 30 Years
Blick's Fencing has the knowledge and experience to help homeowners find the balance between their HOA's fence design requirements and their preferences.
Are you ready to get started? Contact us today to schedule your free consultation.
