Roan Hills Homeowners Association, Inc. created unreasonable fencing rules for those of us who want to build fences on our beautiful new properties due to multiple factors (i.e., pets, children, pool, privacy, etc.). The five-foot rule for the back fence and 45 feet from the front street curb (not sidewalk).

Rear Fence

The argument is drainage. But, there are 4 inches of height clearance from the ground to the fence. So, how will drainage be affected?

In addition, those owners whose backyards are adjacent to one another. So if one neighbor builds a fence and adheres to the arbitrary five-foot rule and the neighbor behind him doesn’t want to build. Who’s to stop the neighbor from encroaching on the extra square footage of land?  

The property management’s rule will cause legal easement headaches. 

We should be allowed to build the fence up to or on top of our property line per Marion County:

1.  Sec. 7.1.3. - Construction specifications.

L.  Fencing.

(2)  Fences shall be constructed six inches inside the property line of drainage retention areas and other dedicated public areas, unless otherwise specified on the approved plans.

2.  and Florida Statute CHAPTER 588 LEGAL FENCES AND LIVESTOCK AT LARGE. 

Front Fence 

It would make sense for owners with wrap-around porches and the rest of us for the front fence to begin behind the utility lines on the house since utility companies need access.

Per Marion County:

Sec. 4.1.4. - General provisions and regulations.

I.  Setback exemptions. The following structures shall be exempt from the setback requirements of this Code: mailboxes, lawn posts, flag poles, bird houses, utility poles, fences, paper boxes, private culverts, driveways, utility piping, pad-mount transformers, telephone and cable company connection boxes, sidewalks and walkways. Septic tanks are exempt to within five feet of any property line; wells are exempt to within eight feet of any property line; and in all cases DOH approval is required. Other exemptions may be allowed if approved in writing by the Growth Services Director.

M.  Double frontage. On corner tracts or through tracts, the required front yard shall be determined by the property owner. On corner lots and tracts, the remaining street frontage shall become a side yard. On residential corner lots the side setback is fifteen feet, however, the Growth Services Director is authorized to reduce the side yard setback to a minimum of 8 feet, provided the reduction will not create site triangle or visibility problems from roads bordering such lots. This does not apply to R-E, Residential Estate zoning classification.

We will send our petition to Roan Hills Homeowner Association, Inc., hoping to hear us.  We will also meet with the Marion City Engineer to garner their support in allowing us to move our fences as close as possible to our property lines.

Please sign the petition to help Leland Management change their unreasonable rules!