QUOTE (Mcgee @ Jan 9 2007, 11:20 PM)

The developer sets the restrictions up for the housing development.
The developer can restrict alot of things. Such as weed controll, commercal signs, and what kind of animals can be kept on the house lots. You don`t need an H.O.A. to have these inplace.
Every development in this county has a restriction of some kind set in with the buying of a house lot or a house already built.
The covenants (deed restrictions) specify the type of fence that is to be used in my development. It clearly states only split rail fences. However people have put up all types of fences including picket, privacy, etc. There is no HOA to enforce what they put up. Unless I (or someone else) would file suit against one of my neighbors, they are not being prevented from putting up whatever they want. And since there is no permitting process for fences in the county it's become a fence anarchy.
Now, when they go to re-sell their property, I'm not sure what would happen. As the buyers would be stuck with whatever fence the owner has put up in clear violation of the deed restriction.