Formal Petition to Repeal the HOA Fence Ban and Revise the Mulch Requirement

Submitted by the Undersigned Homeowners of Biscayne Landing

To the Board of Directors of Biscayne Landing HOA:

Living in Biscayne Landing is a dream for many. However, homeowners like myself are now facing a serious and unnecessary challenge due to the HOA’s blanket ban on fence installations. This restriction has had a tangible and negative effect on property values, personal safety, and homeowner autonomy.

This petition calls for the immediate repeal of the HOA’s prohibition on fences, and the elimination of the requirement mandating 12 inches of mulch beneath all fences, which imposes an unreasonable maintenance burden.

I.  The Fence Ban is Overreach of Board Authority Imposed on the Community

• The ban restricts the homeowners' ability to improve and use their property as it was when purchased.  The community allowed fences when the community was sold by Lennar to homeowners. This right of homeownership has since been taken away by the board without any input from the members of the HOA/Community.
• The ban affects privacy, security, and safety, particularly for families with pets or children,.
• The ban devalues properties, harming long-term investment.

Despite these far-reaching effects, the fence ban was enacted without member vote. If the Board's legal counsel advised otherwise, we request that they publicly clarify their position and cite authority permitting such a restriction without membership approval.

II. The Mulch Requirement Is Arbitrary and Unnecessary

The Board’s additional requirement that all fences include 12 inches of mulch beneath them imposes an unreasonable, unsightly, and costly burden on homeowners. It serves no proven architectural or functional purpose and creates ongoing maintenance challenges. This rule should also be rescinded as it not legally enforceable for one’s neighbor to allow 6” of mulch on their side of the fence.  

III. Biscayne Landing Is a Diverse Community — We Need a Balanced Policy

Families in Biscayne Landing have different needs and lifestyles. What works for one household may not work for another. A one-size-fits-all policy banning fences altogether fails to respect the diversity of the community. A balanced policy with clear design guidelines and case-by-case review can achieve uniformity without infringing on homeowners’ rights.

IV. We, the Undersigned, Demand the Following:

1. Immediate repeal of the community-wide ban on fences that was imposed on May 15, 2025. 
2. Removal of the 12-inch mulch requirement under the fence.
3. Restoration of the right for homeowners to submit fence installation requests, subject to reasonable, written design standards and case-by-case review. 

This petition is not just about fences, it is about fairness, transparency, and the protection of our community’s values and property rights. We request a formal Board response and action on this matter.

Please join us in urging our HOA to lift this ban and permit the installation of fences in our community. Sign this petition to support property rights and enhance the value and livability of our neighborhood. 

These electronic signatures will a part of the in person petition being circulated and signed within the community for the same purpose.