Section 8 - Fences

Section 8 adds the following language:

"All fences shall be maintained so as not to sway into adjacent property or to have rotted, missing or decayed wood or other materials. All fences on residences with swimming pools must have a gate that is securely closed and locked at all times in compliance with City Code."

Exactly how "decayed" is decayed enough for the HOA to force you to get a new fence? Do homeowners really have to replace every partially missing board - even those separating their yard from their neighbors?

The City of Carrollton has already passed extensive ordinances regarding the maintenance of fences. Assuming there are fences issues in the neighborhood that necessitate a change to the covenants, we believe the Proposed Deed Restrictions should permit enforcement power to the extent of ordinances already in place. Vague restrictions such as these set the stage for inconsistent application, selective enforcement, abuse, and litigation risks.