A View Beyond Walls And Fences

By Scott Wingfield

Regarding Property Views:
Master association governing documents focus on integrity, architectural harmony, and the community-wide standard. Unless specifically stated in the master association governing documents, their focus is not on preserving a resident’s line of sight over another resident’s land and/or master association common area. A view, while desirable, is generally considered incidental and not guaranteed. As you know, trees grow, neighbors build additions, and landscapes evolve. Purchasing a home with a view does not freeze surrounding properties in time.

When your neighbors’ improvements comply with master association governing documents and design standards, then the improvements are permissible acts of ownership that do not violate association standards simply because a view changes.  To consider restricting such improvements based solely on a neighbor’s preferred view would set a dangerous precedent. This approach would elevate subjective enjoyment over objective property rights of all residents. Simply put, neighbors do not have the right to veto another neighbor’s property improvement.

Regarding Perimeter Walls & Fences:
Your Summerlin community perimeter walls and fences are more than just a boundary; they are a symbol of unity, privacy, design harmony and offer village identity. However, for homeowners with a community perimeter wall or fence condition bordering their property, one thing is certain; modifications to these perimeter walls and fences are prohibited by each master association. This approach has been consistently applied since the beginning of Summerlin, and the intent has always been to maintain community uniformity, and this remains a “core value” to the continued success of Summerlin.

Perimeter community walls and fences are either owned by the master association, sub-association, the Summerlin Council, or the homeowner. Perimeter community walls and fences symbolize the character of an individual community, making it essential to preserve the original builder’s design and structure. But with the rising desire for personalization in home improvement projects, homeowners often question whether the restrictions on these walls and fences are too stringent when owned by the homeowner.

For the most part, the restriction on modifications to community perimeter walls and fences is about more than aesthetics. These walls and fences play a critical role in the overall design of the community, providing a consistent visual line that is intended to benefit all homeowners. To contemplate allowing individual homeowners to alter a perimeter fence, whether by adding decorations, windscreens, installing gates, or changing its height, would disrupt the visual harmony of the entire community. Additionally, there often can be an underlying concern about long-term structural integrity and safety of a modified wall or fence.

Ultimately, the restriction on modifying perimeter walls and fences is a safeguard to preserve the original design and structural integrity of each community wall and fence. While the desire for personalization is understandable, these rules are in place for a purpose. By respecting these boundaries and focusing on alternative areas for improvement, homeowners can still make their property unique while contributing to a well-maintained, thriving Summerlin community.