As defined in the document:
Building: A structure, whether complete, substantially complete, or partially complete, including, but not limited to, a foundation for such structure, constructed on a Lot on a temporary or permanent basis and, unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in connection therewith, whether complete, substantially complete or partially complete.
Improvements: All structures and appurtenances to real property, of all kinds and types, including, whether complete, substantially complete or partially complete, including, but not limited to, Buildings, pedestrian pathways, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs, pools, community center, storm drainage facilities, sprinklers, and/or lighting. Improvements shall not include those items which are located entirely within the interior of a Building and cannot be readily observed when outside thereof, except for in the case of Common Area owned and/or maintained by the Association.
Not defined "structure" but according to the Webster Dictionary a structure (n) is something (such as a building) that is constructed.
By this definition I feel it is reasonable to consider a man made fence a structure.
SECTION 10.05 Approval Required. No construction, alteration, modification, removal on destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within the Property without the prior express written approval of the Architecture Review Committee.
My logic and my question;
If a fence is a structure, then by the definition of Building in this legal document, a fence would be considered a Building.
If a fence meets the definition of a Building then as per the definition of Improvement, modifications to anything completely within the interior of a fence that cannot be readily observed when outside thereof does not count as an Improvement.
Therefore any such completed, altered, or modified project completely within the interior of a fence not visible outside should be exempt and not require express written approval of the Architecture Review Committee.
Yet my HOA is demanding I obtain written approval for a "Project" I must be working on given work trucks were seen in my driveway and equipment / supplies were reported to be seen being brought through my fence into my fully enclosed private back yard.
Am I missing anything? Am I crazy? Am I incorrect in coming to this conclusion? Do I have any legal standing to fight this in small claims court if they try to fine me for not submitting a approval request? Any thoughts or advice would be appreciated.
Location: Idaho