Developer-Controlled HOAs and Fences
Why new-subdivision HOAs can be especially strict about fences, and how to avoid fines.
In many new Charlotte subdivisions, the HOA is controlled by the developer until a set share of homes is sold. Developer HOAs often keep tight fence rules to protect the look of the community while lots are selling. We've seen covenants that cap fences at 5 feet and impose daily fines for unapproved fences. Read the covenants and get written approval first.
On this page
How to avoid problems
- Read the declaration and architectural guidelines before closing
- Ask the builder’s sales office for fence standards
- Submit a complete application
- Wait for written approval
- Keep the approval letter
Common developer rules
- Specific materials and colors
- Height caps
- Location limits on corner and amenity-facing lots
- Required setbacks from sidewalks
Related: HOA approval, First fence on a new home.
Read before you buy
When buying a new home, ask for the declaration, bylaws and architectural guidelines before closing. Look for fence rules: materials, heights, locations, approval process and fines.
Strict enforcement
During development, the developer wants the community to look uniform for marketing. Fines can be steep and fast. One developer-controlled community we’ve seen capped fences at 5 feet with daily fines for violations.
After turnover
Once homeowners control the board, guidelines may be updated through the governing documents’ procedures. Until then, follow the developer’s rules.
Approval tips
Use the community’s approved style, submit a complete application and keep written approval with your home records.
Questions Charlotte homeowners ask
Will rules change after turnover?
Possibly. Once homeowners control the board, they can amend guidelines through the documents’ procedures.
Can I install before closing?
No. You need ownership and approval first.
Reviewed by the 76 Fence Charlotte installation team. Updated November 2, 2026. Charlotte rules change, so confirm permits, CDOT, historic district and HOA requirements before you build. This page is general information, not legal advice.
Keep reading
- Does a Fence Add Value to a Charlotte Home?
- Do Fences Reduce Highway Noise?
- Fence Posts and Tree Roots
- Fences for Duplexes and Triplexes Under the UDO
- How Long Does Fence Installation Take?
- Privacy From a Taller House Next Door
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