Homeowners Association

P.O. Box 113, Troy, MI 48099

Policy Letter Regarding: FENCES / HEDGES / STRUCTURES

ELV Policy #004 updated and approved September 8, 2008

Sections 2, 3 and 6 of the Amended Restrictions state the restrictions applicable to fences, structures, hedges, garden walls, etc.

See Emerald Lakes Village Declaration of Restrictions: Amended Restrictions Agreement

Section 2, Section 3 (a) and (c) and, Section 6 (h) (i) and (j).

Based on the intent expressed by the developer to maintain a beautiful harmonious private residential area, the Board has adopted the following policy:

  1. The terms fence, wall, privacy wall and hedge are interchangeable.

  1. In general, fences are prohibited with limited exceptions as noted in Section 2 and Section 6 (a) (h) (i) and (j)

  1. The limited exceptions for fences are:

    1. Swimming pool security fences

    2. Dog runs (Note: Dog run fences are discouraged. The “invisible fence” type electronic fence is the preferred method of restricting a dog to the owner’s property.)

    3. Privacy fences or walls for patio privacy and between houses:

      1. Shall not extend farther than the rear of the house or patio and not extend beyond the front of the garage or house building.

      2. Approved privacy fences of any variety to shield a deck, etc., shall not exceed six (6) foot, six (6) inches in height.

  1. Natural green fences (hedges, etc.) fall under the same restrictions and approval criteria as constructed fences in relation to approval to plant, location, height, type, grade elevation, etc. All lots and premises shall be adequately maintained to prevent excessive growth of shrubs, bushes, trees and similar plantings which obscures the view of lake areas from adjacent residences.

  1. Fences will be permitted for properties which border South Blvd. (sound barrier) This fence will only be allowed on that part of the lot which borders South Blvd. and cannot exceed six (6) foot, six (6) inches in height.

  1. The Restrictions shall control, and in no case will any of the items approved by the Board be in violation of Sections 2 and 6 (a).

Section 2

No building, wall, fence or other structure shall be erected, placed or altered on any lot until detailed construction plans and specifications and a plot plan showing the location, shape, height, materials, color-scheme, surface drainage, grade elevation of the structure have been submitted to and approved by the Architectural Control Committee (excepting alterations in no way affecting the exterior portion of the structure) as to the quality of workmanship and materials, harmony of exterior design with the surrounding area and the effect of the proposed structure on the adjacent or neighboring property, including, without limitation, the outlook or view from adjacent property, and as to location with respect to topography and finish grade; it being the purpose of this section to maintain the Village as a beautiful, harmonious, private residential area.

Section 3

(a) No building, wall or fence shall be erected, placed or altered on any lot until the building plans, specifications and plat plan, showing the location of such building, structural additions, walls or fences, have been approved in writing by a majority vote of the Architectural Control Committee, ("Committee") composed of members of the Association or a majority vote of the members of the Board of Directors.

(c) No plans or specifications shall be altered and used without the written consent of the Committee. Application for such consent shall be submitted in the same manner as new plans and specifications.

Section 6

(h) Fences. Security fences as required by the City of Troy enclosing an in-ground swimming pool or used to enclose dog runs adjacent to the owner's home shall be the only kind of continuously run fences permitted homeowners in the Village, except that Village perimeter lot owners may erect only split rail fences along the Village perimeter lot line common to their property. In-ground pool fences shall be four to six feet in height and shall be of such character, type, style and location as approved by the Association. No such fence shall be installed, altered or relocated without prior approval of the Association.

Dog run enclosures shall not exceed 10' in width by the length of the residence wall and shall not exceed 6' in height.

Fence characteristics shall be compatible with the landscape of the yard and the houses in the immediate area. Fence materials may be vinyl clad, chain link or wood constructed so as to provide at least 1/3 free surface area for air passage. Installation of all fences shall be according to city code and must be approved by the Association.

(i) Minimum Property Maintenance Standards. All buildings, walls and fences shall be adequately maintained to prevent the following: unpainted wood surfaces; painted surfaces which are blistered and peeling; detached or sagging rain gutters; detached or sagging aluminum or vinyl siding or trim; unrepaired broken windows, doors or wood trim and unrepaired broken exterior electrical fixtures. All lots and premises shall be adequately maintained to prevent mature seed-bearing noxious weeds; to prevent the height of grasses in excess of ten (10) inches above the underlying soil over more than 10% of the unsurfaced and unbuilt lot area; to prevent excessive growth of shrubs, bushes and similar plantings which obscures the street side view of the residence (except side yards of corner lots) or which obscures the view of lake areas from adjacent residences.

(j) Completion of Construction. The erection or alteration of any building, wall or fence authorized by the Committee or the rebuilding or repair of any such structure damaged by fire or other casualty shall be competed as rapidly as possible. Should the owner leave any such building, wall or fence in an incomplete condition for more than ten (10) months from commencement of such construction, delays beyond the control of the owner excepted, the Committee or Association is authorized and empowered, in its sole discretion, to tear down and clear from the premises the uncompleted portion of such improvement, or to complete the same at its discretion, and in such event the expenses incurred shall be charged against the owner of the lot and shall become a lien upon the lot, with interest thereon until paid; provided, that the Committee or Association must give the record owner of the lot thirty (30) days written notice by mail at his last known address of its intention to complete or tear down such structure.

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