Rear Lot Boundary Fence in Gated Subdivision

Started by OmarV • 7 replies • 2040 views

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OmarV (Texas)
Posts: 3

Posted:

I need some assistance. We built a home in a gated subdivision. There are 16 1 acre lots. In our Declaration of Covenants it states that all property owners are to construct the rear lot line boundary fence of each lot owned. Here we are 2 1/2 years later and 2 property owners have not built this fence. We moved into the gated subdivision for security reasons, but have no security because people are able to come in and out of these two openings. My questions is, what can the HOA legally do? Can they build the fences and invoice the owners? Any input in this matter will be greatly appreciated.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Omar,
Your covenants states that all property is to have a rear lot line boundry fence. What I do not see is a time frame for the fence to be installed. Is there a time frame in writting?

Secondly, your B.O.D or ARC committee are not doing their job and that is to enforce the covenants. But I am not sure that they have the right to erect the required fence and then submit a bill for it. That again you must check your documents, all of them because it may be written in your archetectural guidelines or the bylaws. Yes, they do have the authority to demand a fence installation and do give it an install deadline. I also hope that you have the ability to fine violators because this is one of those items that some owners get real hardball about.

OmarV (Texas)
Posts: 3

Posted:

Thank you for your reply. A letter was sent out to all the property owners in February of 2007, after the annual meeting was held, stating that all present at the meeting agreed to allow all property owners 150 days from March 22, 2007 to erect the rear lot fences. If after that date they had not complied, then they would be charged $100 per month. Then they would have until July 1, 2007 or further action would be taken. This is a new association. I'm not sure they know what they can and can not do. It does not state in the bylaws a definite date regarding the rear fence, so that is why we all voted and agreed about the 150 days. It also does not state in the bylaws as to what action can be taken. So here we are....wondering what can be done.

GloriaM (North Carolina)
Posts: 829

Posted:

Omar:

Before the board can assess any fines, these 2 Owners should be sent a Hearing Notice to come before the Board of Directors. At this hearing the Board should give them a time-frame in which to complete the fences.

If they do not comply; then and only then can the board begin to assess fines. Please check with your state laws, however most states require the Owner being afforded the right to be heard before fines.

OmarV (Texas)
Posts: 3

Posted:

I just saw that in the Decloration of Covenants it states that they have 180 days from the purchase of the property to build this fence.

Your advice is well received. I will relay this to the board members. In regards to the state laws.....where can I go to locate the Texas state laws for HOA?

Thank you for your time.....this is the first time I have ever written in a forum of any sort...it has been a great experience.

GloriaM (North Carolina)
Posts: 829

Posted:

Omar:

You can go on any search engine such as Google.com or Ask.com and search Texas State Laws on HOA's.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Omar,
We are always eager to attempt helping homeowners when we also can learn from the post. You are welcome from those of us who answered.

As for help in your State--"Texas Property Codes & Vernons Texas Civil Statutes" These are 2 seperate sites.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I'm surprised that the bylaws and/or covenants would mandate owners to build a fence, and then not include provisions for a violation of that mandate.

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