Why do people not understand that the covenants you are given when you purchase your home run with the land and represent a legally binding contract? I just don’t get it. Citing case law to me regarding voluntary associations, etc. just don’t cut it. You must do an apples to apples comparison in case law. The question is not whether an Architectural Control Committee can dictate the height, placement, composition, etc. of a fence, but rather whether that contract is enforceable. In Georgia, the courts have routinely upheld covenants.
So to my neighbors (who probably don’t read these ramblings) – You entered into a contract when you purchased the home. If you are considering erecting or making a modification to any structure on your property, I would suggest you either obey the covernants or seek the advice of paid legal counsel (with the covenants in hand) prior to proceeding. Don’t just take the word of your neighbors. They don’t know.
Note – this is not legal advice. You should consult an attorney in these types of legal questions.