The association in our subdivision is faced with an interpretation of our bylaws and thought it would be helpful to receive some unbiased opinions from those involved in landscaping.
A 50 foot row of 25 Arbor Vitaes was placed on the property line between two lots. As most of you know, Arbor Vitaes are an evergreen that will grow higher than 20 feet and wider than 3 feet thereby creating a solid mass within a year or two.
Our bylaws state that "no fence of ANY KIND shall be permitted to be erected, maintained, or placed upon any lot". There are opinions that since the Arbor Vitaes will grow into a dense hedge of large magnitude and by Webster's definition a hedge is defined as a fence that it must be removed. There are other opinions that this should be considered landscaping and not governed by the fence section of our bylaws.
It is important to note two things:
1. If this is not considered a fence, then the property owner could plant them on the remaining two sides of their lot effectively creating a "fenced in backyard".
2. The row of Arbor Vitae are 8 feet from the opposing neighbor's kitchen and dining room windows and patio. This results in unwanted shade affecting existing rose garden and the only view out the windows is a wall of shrubs.
What do you think?