Submitted By Joe Bower – Sierra Canyon Owner
Here is the Sierra Canyon Rule on Containment Fencing:
“Dark Green Vinyl coated 16 gauge containment wiring, with rectangular see-through opening dimensions of 2 inches by 3 inches may be used on split rail fencing in both the side and rear yard and must be attached to the inside of the fence. The wire shall extend the full height of the fence, from the ground to the top rail, and may not extend above the top rail. Dark green Vinyl coated 16 gauge wire with a square opening dimension of 1 inch by 1 inch may be added between the ground and the mid rail from the ground to prevent intrusion of pests such as rabbits. If desired, the dark green 1 inch by 1 inch square Vinyl coated wire can be used from the ground to the top rail to avoid double layering. Alternatively, dark green Vinyl coated “rabbit fence”, where the opening size increases as you move from the bottom to the top of the fencing is also acceptable if its openings fall between the 1 inch and 1 inch square and 2 inch by 3 inch rectangular criteria. All fencing material must be installed and maintained to prevent sagging of the material. Coated or uncoated chicken wire and plastic fence netting of any kind is prohibited.”
This rule was approved by the Sierra Canyon Board on June 19, 2013 and became effective on July 19, 2013. It has been unenforced or sparingly enforced as management personnel doing community inspections do not get out of their vehicle, hence they are not walking behind homes to see who is in violation. If a neighbor reports a neighbor, management staff still must personally and physically confirm. Also, there are many owners who will claim:
- I got approval for what is now the wrong wire.
- I did not put the wrong wire up. It was there when I bought the house.
- I am physically unable to take down the wrong wire and put up the right.
- My renter put it up not me.
- I don’t believe my wire is wrong. You need to come out and prove it to me.
- I need to be grandfathered.
Somersett sent out the following dated July 6, 2015:
“Dark green, brown, or black, vinyl-coated 12-16 gauge, containment wiring, with see-through, square/rectangular openings no less than 1″ X 1”, is the only approved containment wire that can be used to line two-rail and/or three rail split rail fencing. The wire must be attached to the inside face of the fence (side not exposed to common property). The wire must cover the full height of the fence from the ground to the top rail. Wire may not extend above the top rail. For additional screening, a second offset layer of matching containment wire may be installed up to the rail below the topmost rail (i.e. Three-rail fence may have a second offset layer up to the second rail). The second layer of wire must not extend above the rail below the topmost. Prefabricated vinyl coated “garden fencing” (larger opening leading down to smaller openings) will also be accepted, as long as the smallest opening dimension is not less than 1” X 1”. Plastic fencing, poultry netting, and any non-vinyl-coated wiring are expressly prohibited.”
Somersett rules are superior to Sierra Canyon rules. However, Sierra Canyon may have a rule that is stricter than Somersett’s as long as it doesn’t contradict Somersett’s.
The July 6, 2015 notice also stated “Beginning in October 2015, any containment wire not in compliance with the current guidelines will be in violation of the Somersett Guidelines and subject to the Compliance Policy.”
Now Sierra Canyon wants the Somersett Board to approve the Sierra Canyon 2013 Containment Fencing Guidelines.
What a mess! When members of the two boards meet to clean it up, owners must be notified. Owners may attend all meetings other than executive sessions and ARC/AGC meetings. Also, only a quorum-attended duly-noticed board meeting can approve anything. Committees or project teams can only make recommendations.
Maybe some containment fencing questions on the upcoming surveys would help provide board members with the thoughts of owners who live with their fencing daily.