Fence Question

Started by BradP • 2 replies • 1102 views

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BradP (Kansas)
Posts: 2,640

Posted:

I have documented with a few questions that we are trying to raise our HOA from the doldrums to a functioning unit. We have a management company handling covenant violations for us now and one question has come up that I wanted to get opinions from others on. Our covenants clearly state that only wood privacy fences or black wrought iron fences are permitted and wood fences have to be "good neighbor" fences. We have a few fences that were erected without those materials and several fences that are not "good neighbor" fences. I highly doubt any of these folks submitted ARC requests prior to installing. What would be the appropriate course of action, make them redo with appropriate materials? Let it go but tell them it is not in compliance and when it is replaced it will have to be compliant? Bear in mind most of these have been up for several years...I don't want to dwell on the shortcomings of previous boards, that is apparent, just on the solutiona and process to move ahead...thanks!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I have the contraversial answer since many here seem to disagree with one aspect of the recourse available. The HOA can 1st request the member put the fence in good repair and up to standard at the owner's cost. If that doesn't work, then more aggressive tactics can come into play. That includes the HOA removing/modifying the fence at their cost and billing the owner for the work. IF the owner/member doesn't pay, then the HOA can then lien for the money they spent on the repair/removal.

Many here disagree about the HOA having the authority to enter one's property. It really does depend on the laws of your state and how the HOA is setup. Our HOA we could enter one's property and make the corrections if necessary. Especially in regards to safety or certain damages. That is because the property around the homes were "Common property" and not exclusively owned by the member/owner. They had exclusive use to certain areas and had to get approval to make changes to those area. If they didn't then we could and would indeed remove the violation.

Consult your documentation. I would say if it's been years and several board member changes, then everything in existence is pretty much "grandfathered" in. It's best to start from this point and work more proactively before violations get built in...

Former HOA President

PetunkaM (Florida)
Posts: 1,009

Posted:

Brad,
I agree. In my opinion you cannot undothe previous Boards decisions/mistakes. Asking the owners to remove fences is not an option, I do not believe. And, even enforcing the covenants from now on may be difficult or challenged.

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