More to the point does southeast include south? According to Randomhouse dictionary, southeast and midway between south and east. That seems to imply southeast would include south. It’s contruction related. The rule says, you can’t put a gate on the southeast side. I would think that means south is ok.
I think this would depend on facts not in evidence. For example, if this is an octagonal parcel, I expect the south side would be exempt from the rule. If it’s a rectangle with no side headed due north, then the side most accurately described as SE would probably be the prohibited side. On the other hand…
I love these kinds of questions, but unfortunately they can become quite contentious.
Seems vague enough that if the enforcer of the rule does not like you, s/he can create problems for you at his/her discretion.
Perhaps you should get it in writing beforehand that the proposed gate location is explicitly acceptable and explicitly does not violate the rule.
I agree that I’d prefer to get something in writing than have to relocate a gate or fence.
You can argue whatever you like, but if it is a rectangular or square plot, I’d definitely avoid anything on the eastern half of the south side without getting pre-approval. Since I prefer to avoid hassles with neighbors or associations etc., I think its better to ask ahead of time.
The plot has 5 sides, SE, NE, SW, S, and NW side. So I am thinking S is ok since it clearly has a SE. They like me ok but they also want to stick to rules. They will be ok if the rule allows S.
Is this in the CC&Rs applicable to you lot?
If the rule was written specifically for this parcel, and given that there is a SE side, it seems reasonable to assume that the rule applies specifically to that side, and that side only.
But people have spent ridiculous amounts arguing about things that are much more clear.
@BunsenBurner Yes.
I am with @sherpa here. If your parcel is a pentagon, that would be the most reasonable interpretation.
There is probably a specific reason why the side has been singled out. Unless it is really obvious, I would poke around to find out why and will try to not to do anything that could be interpreted as a CC&R violation.
That is my question, what is different about the SE side that no gate is allowed? And is that different from the south side? Generally, zoning refers to the front, side or back yards. But, yes, if the lot is a pentagon and there is a SE side, seems like a gate could be placed on any of the other sides.
The entrance to the subdivision is to the south and east of the parcel.
Here’s what Wikipedia shows on the table for 32 directions. Each 32 direction takes up 11.5 degrees. For 8 directions that would be 45 degrees or 22.5 each side. So southeast clearly does not include south according to this. Whether I can apply the technical definition to HOA, I am not sure.
- East by south EbS Quarto di Levante verso Scirocco 95.625° 101.250° 106.875° 10 East-southeast ESE Levante-Scirocco 106.875° 112.500° 118.125° 11 Southeast by east SEbE Quarto di Scirocco verso Levante 118.125° 123.750° 129.375° 12 Southeast SE Scirocco 129.375° 135.000° 140.625° 13 Southeast by south SEbS Quarto di Scirocco verso Ostro 140.625° 146.250° 151.875° 14 South-southeast SSE Ostro-Scirocco 151.875° 157.500° 163.125° 15 South by east SbE Quarto di Ostro verso Scirocco 163.125° 168.750° 174.375° 16 South S Ostro 174.375° 180.000° 185.625° 17 South by west SbW Quarto di Ostro verso Libeccio 185.625° 191.250° 196.875° 18 South-southwest SSW Ostro-Libeccio 196.875° 202.500° 208.125° 19 Southwest by south SWbS Quarto di Libeccio verso Ostro 208.125° 213.750° 219.375° 20 Southwest SW Libeccio 219.375° 225.000° 230.625° 21 Southwest by west SWbW Quarto di Libeccio verso Ponente 230.625° 236.250° 241.875° 22 West-southwest WSW Ponente-Libeccio 241.875° 247.500° 253.125° 23 West by south WbS Quarto di Ponente verso Libeccio 253.125° 258.750° 264.375°
I’m going with Sherpa’s Post #8. However, I would also be careful not to put the gate on the corner of the south/southeast and the east/southeast points just to be on the safe side.
It seems clear to me that it would be okay to put the gate on the south side and that the intentions was anywhere on the southside, but if you want to be extra safe I guess you could put it closer the middle or on the western end of the south side.
I would make sure that if the gate is on the south side it doesn’t face the entrance in any way since that seems to be the concern. Is this a driveway gate or just a fence opening? Is there someone who can review it to be sure it is acceptable? Good luck!
If you have to ask about something that seems unclear or disputable, wouldn’t it be safer just to get a clarification in writing from the HOA before starting construction?