Courtyard Fence Policy

    In Tanglewood, Owners have made inquiries, both formal and informal, concerning the possibility of installing some form of fencing. The Board, wishing to properly address these inquires, reviewed the Condominium Bylaws of the Corporation and the associated Tanglewood Design Guidelines and the previous fence policy. The Bylaws make a single reference to fencing, which is found in Article 52, and is entitled "Obstruction". The clause reads:

    "Except for a fence constructed by the Developer or required by the Municipality, no owner shall erect or plant or cause to be erected or planted, any fence, screen, barrier, awning, shade partition, tree, shrub, or flower on or near the border of his Unit or which overhangs any part of the Unit without the prior written consent of the Board."

    Recognizing that the original intent of the community is to keep fencing to an absolute minimum, the Board will implement the following policy, as amended, intended to address this specific clause of the Corporation Bylaws and to maintain deference to the Tanglewood Design Guidelines:

    • All fencing must be approved by the Board of Directors prior to commencement of construction. Notwithstanding the wording of Article 52, the Tanglewood Design    Guidelines prohibit the construction of any property line fencing within the Community except those constructed by the Developer or required by the Municipality. Accordingly, the Board will not approve any property line fencing, constructed on or near the border of a unit and will only consider “courtyard” style fencing as referenced at page 17 of the Tanglewood Design Guidelines .
    • All applications for fencing must be provided to the Board in writing. All such applications shall include a scale diagram of the Unit in its entirety, clearly defining the proposed installation. The application must include at least one side view of the proposed fence, and must include a list and description of the materials. Such application must illustrate the proposed height, length and style of the fencing;
    • If the proposed fence is to be of wooden construction, the uprights or posts must be pressure treated, with the balance of the structure constructed of clear cedar or pressure treated wood. Painting or staining of wooden fencing is not permitted;
    • If approved by the Board, fencing is to be constructed as to be entirely on the property of the applying owner. The above ground portion of the fence structure must not straddle the property line, but must be constructed as to be inside such line. The cost of the fence installation, and it's ongoing maintenance, as with any other improvement to the Unit, must be borne by the owner of such Unit;
    • All fencing shall be constructed in a good and workman like manner and materials that are used must be of good quality and finish.
    • Rear yard “courtyard” fencing is the only fencing that may be considered. Such fence is not to extend beyond the rear side corner of any house. With Board approval, fencing may only be extended beyond any such corner a short distance, and only to provide for inclusion of outside taps, or to avoid gating at windows or other permanent house feature. Gates must be constructed of identical or complimentary materials to the fence, and may not be of greater height than the fence;
    • To foster good relations within the community among Owners the Board recommends that placement of any fencing be reviewed with adjacent Owners and, ideally, consent of those Owners be secured, in writing, and submitted as part of the written application to the Board;
    • Proposals for construction of the fence must be made with due regard for the stated principles and restrictions contained in the Tanglewood Design Guidelines, particularly with regard to materials and design, in order to best preserve the design and architectural integrity of the community;
    • In consideration of all applications made by Owners for approval to build or erect a fence or fencing, the Board of Directors will make the determination on approval or denial of any application in consideration of the Tanglewood Design Guidelines, and in particular the parameters for fencing set out in page 17.
    • The Board may reject an application without consideration where the application fails to address one or more of the considerations or requirements above, or in the Tanglewood Design Guidelines or the Bylaws or lacks sufficient information or detail.
    • Decisions on fencing shall be made by a majority of the Board of Directors.
    Approvals or reasons for refusal with regard to proposed fencing shall be made in writing to the Owner applying, and should be provided to the Owner within 45 days of receipt of such proposal.