Fences on Waterfront Lots in Fishing Creek

The board has received concerns from a group of homeowners regarding our recent decision to allow a homeowner to build a fence on his property located on Hidden River View Road.  The board has also reviewed the minutes from the 1995 HOA meeting where the Board was presented with a proposed clarification to the restriction for fences on waterfront lots to include “any Lot that is on the water; contiguous to any of the FCF’s Common Area which is on the water; or which includes any part of the 100-foot buffer for tidal wetlands”.  The board has also been informed of the communities common understanding this provision was in effect.  Unfortunately, the 1995 board’s hard work did not result in amending the  the Declaration of Covenants, Conditions and Restrictions .  The language new homeowners are required to agree to prior to purchasing a home is the original language that was developed.  The sole reference to “waterfront” lots and fence restrictions is contained within the Declaration of Covenants, Conditions and Restrictions, Article V Architectural Control, Section 2. para 3e, page 17).  Therefore, new homeowners are not restricted when purchasing a home in FCF if they are not a waterfront lot.  According to Anne Arundel county records there are only 6 waterfront lots in FCF.   If you have a question whether the county considers your property waterfront you can check on this website https://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx .  The board operates as the voice for our community.  If it is the desire for the governing documents to be amended, we are committed to drafting such amendments that will also be consistent with current AAC zoning regulations and provide proper notice to potential homebuyers.  Amendments require approval of 51% of lot owners and we hope to have something for the community to consider at the Annual Meeting on 15 Mar 2020.

“e. No fence or other similar structure shall be permitted in any front yard, and fences shall be precluded entirely in waterfront lots. “Fence” shall include any free standing structure composed of wood, wire, plastic or other material, including a trellis or similar structure, designed or configured to provide a visual barrier within or around any lot. The location, type, color, height and texture of all fences shall be subject to the review and approval of the ACC. This section shall not preclude a fence surrounding a built in swimming pool provided approval is obtained from the ACC. No chain link fence shall be permitted in any lot except around a swimming pool and then only with proper screening approved by the ACC.”