Considering a fence for Units 1-14?

Per the Addendum to the Manors at Central Park Condominium Bylaws, fences are only permitted for Units 1-14 and the Board of Directors has the right to standardize the architectural design of permitted fences.

The Board of Directors of the Manors at Central Park Condo Association has decided to adopt the same standardized fence design criteria as used by the Gardens at Central Park, the Meadows at Central Park and the Central Park Master Association.

The standardized architectural design criteria for permitted fences are as follows:

• Materials: extruded rectangular aluminum (additional ornamental components may be permitted upon request)
• Color: black
• Maximum Height: 48 inches

Owners of Manors Units 1 through 14, inclusive, may request permission from the Board to erect a fence in their rear yard by reviewing the information below and following the instructions on this web page.

The Board's approval will be granted strictly on the basis that the material, color and height of the proposed fence meets the Association's standardized requirements.

Co-owners of Units 1 through 14 who desire a fence remain responsible for

1. making certain that your proposed fence complies with the Shelby Township fence requirements and obtaining all necessary permits.
2. determining that your proposed fence does not encroach on or outside your property lines.
3. familiarizing yourself with the location and nature of all easements that run through your rear yard and obtaining approvals from the easement holder(s) before erecting any portion of the fence within an easement.

The Board particularly wants the co-owners of Units 1-14 to be aware that there are a number of easements that run across the rear of your property and that there is the potential for future problems should the fence be placed on an easement without securing approval from the easement holder. For example, the very rear of each lot contains a "20 foot wide construction, maintenance and operation easement" which grants Lombardo Homes and the Kensington Condo Association the right to use it for access to their property for new building construction and on-going building maintenance. That easement was granted because by design, the existing and proposed Kensington Condo cluster buildings are only about 5 feet away from the rear property lines of Manors Units 1-14.

In the absence of an approval from the easement holder(s), it is the co-owner who assumes all risks stemming from a decision to place their fence within the easement area(s); such risks include but are not limited to having the fence damaged or removed by the easement holder or being sued by them to have you remove it from the easement. Since the Board's granting of a fence approval is based only on whether it meets the specified architectural design criteria, there exists no liability on the part of the Manors at Central Park Condo Association should the easement holders decide to enforce their easement rights.