Dear Mr***: I represent Showcase Homes LLC d/b/a Estridge Homes ("Estridge") regarding your complaints related to your home located at *** *** *** *** *** ***All future communication with Estridge should be directed to me It is my understanding that you
have concerns related to the use easement on your property and the Anderson Hall fencing guidelinesThe use easement was created by the Town of FishersOn March 17, 2014, the Fisher's Town Council passed Ordinance Number which amended the Planned Unit Development ordinance for Anderson HaiL A copy of that ordinance is enclosedExhibit to Ordinance includes a development standard for all Anderson Hall cottage homes which states "[a] use easement in favor of the abutting neighbor the width of the side yard setback shall be provided on the garage side of each lot'' The Ordinance is expressly referenced on the plat which was properly recorded at the Hamilton County Recorder's office on April 10, and states "Development standards are subject to the 141st Street & Promise Road PUD, Area C Ordinances #and #060506A as amended." A copy of the plat is enclosedOrdinance Number is legally binding on your lot, was and is publicly available, and was not created by Estridge It is also my understanding that you are seeking guidance related to fencing guidelines for Anderson HallQuestions related to fencing guidelines are most appropriately addressed to Anderson Hall Homeowners Association, Inc(the "HOA")Under the covenants for Anderson Hall, the HOA through its Architectural Review Board is responsible for creating, amending, and enforcing the fencing guidelines(See sections Vland Vof the covenants which are enclosed.) Only the HOA can approve a fence for any lot in your neighborhoodThe HOA should have provided you the fencing guidelines and any amendments upon request In case the HOA has not sent them to you, enclosed is the current version of the Anderson Hall fencing guidelines for cottage homesThe HOA issued these modified guidelines on July 20, The covenants in section Vlprovide that "[t]he Architectural Review Board shall have the power to establish and modify from time to time such written architectural and landscaping design guidelines and standards as it may deem appropriate." Thus, the HOA was within its authority to revise the guidelines on July 20, These guidelines were issued by the HOA to comply with Fisher's Ordinance Number They currently apply to your neighbor's fence and to any fence you build. I understand that you also have a concern related to the hose bib installed on the side of your home with the use easement that has now been fenced inThat hose bib was not supposed to be placed on your homeIt was not on the plans and the plumber mistakenly installed itYou were not charged for that hose bib during constructionThere is another hose bib on the other side of your houseThat hose bib was on the plans and is available for your use. I also understand that you claim the presence of the use easement has impaired the value of your homeEach and every cottage home in Anderson Hall is subject to a similar use easement created by the Town of Fisher's Town Council. The use easements are integral to the neighborhoodThe cottage home lots are narrowThe intent is for each homeowner to use the complete yard on one side of the home as their yardThis creates one large outdoor living space instead two small strips of yard on either side of the homeBecause each cottage home in Anderson Hall has the same use easements (indeed, you are entitled to use of a portion of your neighbor's yard) the presence of the use easement cannot and does not have an impact on the value of your propertyThere is nothing further Estridge can do to address your displeasure with the use easement, the presence of your neighbor's fence in the use easement, or the HOA's fencing guidelinesEstridge has provided you all the information it has related to your lot including Ordinance Number 012114, the covenants applicable to Anderson Hall, the plat showing your lot, and the HOA architectural guidelinesEstridge cannot alter the use easement as it was established by a legislative act by the Town of FishersNor can Estridge remove your neighbor's fenceEstridge has no control over your neighbor, and the Fisher's Town Council has granted your neighbor the right to use the land upon which the fence sitsTo the extent you believe that the HOA should not have approved your neighbor's fence, that issue can only be resolved by the HOAIf you feel that you have some legally cognizable harm, you are of course free to pursue whatever legal recourse you feel is appropriate, but there is nothing further Estridge can do. Sincerely, Jeffrey DS***
Dear Mr***: I represent Showcase Homes LLC d/b/a Estridge Homes ("Estridge") regarding your complaints related to your home located at *** *** *** *** *** ***All future communication with Estridge should be directed to me It is my understanding that you
have concerns related to the use easement on your property and the Anderson Hall fencing guidelinesThe use easement was created by the Town of FishersOn March 17, 2014, the Fisher's Town Council passed Ordinance Number which amended the Planned Unit Development ordinance for Anderson HaiL A copy of that ordinance is enclosedExhibit to Ordinance includes a development standard for all Anderson Hall cottage homes which states "[a] use easement in favor of the abutting neighbor the width of the side yard setback shall be provided on the garage side of each lot'' The Ordinance is expressly referenced on the plat which was properly recorded at the Hamilton County Recorder's office on April 10, and states "Development standards are subject to the 141st Street & Promise Road PUD, Area C Ordinances #and #060506A as amended." A copy of the plat is enclosedOrdinance Number is legally binding on your lot, was and is publicly available, and was not created by Estridge It is also my understanding that you are seeking guidance related to fencing guidelines for Anderson HallQuestions related to fencing guidelines are most appropriately addressed to Anderson Hall Homeowners Association, Inc(the "HOA")Under the covenants for Anderson Hall, the HOA through its Architectural Review Board is responsible for creating, amending, and enforcing the fencing guidelines(See sections Vland Vof the covenants which are enclosed.) Only the HOA can approve a fence for any lot in your neighborhoodThe HOA should have provided you the fencing guidelines and any amendments upon request In case the HOA has not sent them to you, enclosed is the current version of the Anderson Hall fencing guidelines for cottage homesThe HOA issued these modified guidelines on July 20, The covenants in section Vlprovide that "[t]he Architectural Review Board shall have the power to establish and modify from time to time such written architectural and landscaping design guidelines and standards as it may deem appropriate." Thus, the HOA was within its authority to revise the guidelines on July 20, These guidelines were issued by the HOA to comply with Fisher's Ordinance Number They currently apply to your neighbor's fence and to any fence you build. I understand that you also have a concern related to the hose bib installed on the side of your home with the use easement that has now been fenced inThat hose bib was not supposed to be placed on your homeIt was not on the plans and the plumber mistakenly installed itYou were not charged for that hose bib during constructionThere is another hose bib on the other side of your houseThat hose bib was on the plans and is available for your use. I also understand that you claim the presence of the use easement has impaired the value of your homeEach and every cottage home in Anderson Hall is subject to a similar use easement created by the Town of Fisher's Town Council. The use easements are integral to the neighborhoodThe cottage home lots are narrowThe intent is for each homeowner to use the complete yard on one side of the home as their yardThis creates one large outdoor living space instead two small strips of yard on either side of the homeBecause each cottage home in Anderson Hall has the same use easements (indeed, you are entitled to use of a portion of your neighbor's yard) the presence of the use easement cannot and does not have an impact on the value of your propertyThere is nothing further Estridge can do to address your displeasure with the use easement, the presence of your neighbor's fence in the use easement, or the HOA's fencing guidelinesEstridge has provided you all the information it has related to your lot including Ordinance Number 012114, the covenants applicable to Anderson Hall, the plat showing your lot, and the HOA architectural guidelinesEstridge cannot alter the use easement as it was established by a legislative act by the Town of FishersNor can Estridge remove your neighbor's fenceEstridge has no control over your neighbor, and the Fisher's Town Council has granted your neighbor the right to use the land upon which the fence sitsTo the extent you believe that the HOA should not have approved your neighbor's fence, that issue can only be resolved by the HOAIf you feel that you have some legally cognizable harm, you are of course free to pursue whatever legal recourse you feel is appropriate, but there is nothing further Estridge can do. Sincerely, Jeffrey DS***
I will pass this on to management to have the issues addressed ASAP. Thank you!