I live in Austin, Texas and there is a golf course in my development. My house is three houses away from a golf cart path and the 7th hole is between the third and fourth home and faces AWAY from the back of my house. My house is backed by "rough" or "out of bounds" area.
When I put my house on the market, we checked with the HOA
and after viewing the back yard was told "yes", I could have a 6' wooden fence. (The potential buyer wanted a wooden fence for privacy as they planned to build a pool). When we signed the contract for the sale of the house, one of the written contingencies was that they could put up a wooden fence and that they be approved for a pool. Upon checking again with the HOA (to comply with the contingency), a different HOA person (the newly elected Modifications person) said "NO". That my house was a golf course lot and they could not set a precedent and let everyone do what they wanted. We are not asking that a precedent be set as the house next to me (further away from the 7th hole and on "rough" as well) was granted approval for a wooden fence when they built their house 12 years ago - so the precedent has already been set. We have asked for an appointment with the HOA president so that we could submit our formal Modification Form but have not heard back. Yes, we were told NO based on conversations and emails before we could even present/submit the formal Modification Form.
I've also checked with my neighbor
(whose house would share the fence with mine ) and they have no objection to a buyer erecting a wooden fence. They would even go as far as planting greenery along their side of the fence to make it more appealing to any golfers who happened to look behind them into the rough.
Is there anything else we could do? I am going on the assumption that we will eventually be given an appointment to submit our formal Modification.
Thank you for your attention to this matter.