July 15th, 2009

By Shermakaye Bass
Green Right Now

It’s not always easy being green. Lourdes Rodriguez learned that the hard way. Earlier this year, the Round Rock, Texas, resident decided to replace a rickety cedar fence with a stylish new bamboo one.

Attracted by its eco-friendly qualities (only three to four years between harvests vs. cedar trees, which take up to 30 years to grow back), its durability and its ability to withstand the high winds and intense heat typical in her town, Rodriguez researched the project and eventually purchased the bamboo from Backyard X-scapes, a San Diego outfit. She paid approximately $3,000 for the bamboo, posts, stain and other materials needed for her 150-foot-long structure. She and her significant other, Doyce Jones, were excited by the prospect of an elegant-looking fence that was good for the environment, would last at least five times longer than a traditional wood fence and was significantly less expensive than cedar (those bids came in around $7,000).

The only thing was, Rodriguez bought the materials before consulting the Sonoma Homeowners’ Association, which oversees her planned community. The 47-year-old had no idea the HOA would object to the material, though – or that some HOA board members initially would think she wanted to plant bamboo, rather than use the slender, pre-cut pickets.

“They obviously hadn’t fully read my first request. … I don’t think one of them even knew that people use bamboo pickets for fencing,” says Rodriguez, a Pennsylvania native who moved to the Austin suburb five years ago.

But despite two written requests, reams of documentation extolling the virtues of bamboo fencing, a Sonoma HOA hearing where a neighbor spoke on her behalf and a petition of her immediate neighbors (98 of the 100 who signed had no problem with her plan), the board denied the requests, citing a non-conformity clause from its covenant and bylaws.

“I couldn’t believe that a board with four people on it could control what 1,000 residents can and can’t do on their own property,” Rodriguez says. Now she knows – $3,500 too late.

“I grew up in Philadelphia, the birthplace of American democracy, where the Constitution is kept. We grew up with that being a huge part of our lives; it’s something you live around. We were proud of it. The Fourth of July was a big deal every year. So I can’t understand why I can’t build a certain type fence on my own property. I pay my taxes, I pay my mortgage on time, I take care of my house and yard. And the fence wouldn’t be an eyesore (although it does diverge from the established look of all the other fences). A lot of my neighbors actually liked the pictures I showed them of what I planned to do. … Plus, bamboo is a better product,” she says, adding, “Here you have the President of the United States trying to go green, and my home owners association could care less.”

Unfortunately, the good-intentioned greenie has been told by attorneys, bamboo advocates and government representatives that she has no real recourse. She signed the HOA agreement, they tell her, and even though the fencing clause is vague about materials (it only specifies that pickets must be of wood), the by-laws concerning “conformity” would likely prevent her from ever winning a lawsuit.

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