HOA approved fencing; who is responsible for upkeep on Homeowners side of fence?

Started by BobbyC • 7 replies • 4997 views

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BobbyC (Florida)
Posts: 4

Posted:

A few years ago the BOD's proposed and was approved by the HOA to build/replace a fence to separate our community from the outlying public community. Who is responsible for it's upkeep on the homeowners side of the fence? All Homeowners were asessed a fee for the fence equally regardless if their property was boundaried by said fencing. Is the BOD/HOA solely responsible for both sides of the fence; cleaning and painting? Or, just the outside perimeter? In Florida I think it is generally understood that when a fence divides a property, both homeowners are equally responsible for the side of the fence that faces their property. Would not this also carry over to the above scenario; the HOA being responsible for the community property side and the homeowner being responsilble for the portion of the fence on their part of the property. Some fence upkeep would no doubt be subjective by a homeowner placing undue burden on the rest of the homeowners.

DwightT (Idaho)
Posts: 664

Posted:

The standard answer (Check Your Documents) probably applies here. Our documents have this:
If the Declarant should provide any fencing, as may be done along some common areas, where required for safety, or for whatever reason, the Owner on whose lot line the fence is built must assume responsibility to maintain said fencing.
The documents from other HOAs may have other requirements.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By BobbyC on 08/17/2008 12:03 PM
A few years ago the BOD's proposed and was approved by the HOA to build/replace a fence to separate our community from the outlying public community. Who is responsible for it's upkeep on the homeowners side of the fence? All Homeowners were asessed a fee for the fence equally regardless if their property was boundaried by said fencing. Is the BOD/HOA solely responsible for both sides of the fence; cleaning and painting? Or, just the outside perimeter? In Florida I think it is generally understood that when a fence divides a property, both homeowners are equally responsible for the side of the fence that faces their property. Would not this also carry over to the above scenario; the HOA being responsible for the community property side and the homeowner being responsilble for the portion of the fence on their part of the property. Some fence upkeep would no doubt be subjective by a homeowner placing undue burden on the rest of the homeowners.

Bobby,

Because this fence was built after the HOA was formed you may not have maintence stipulations in your CCRs. In many areas of AZ, most all communities are walled in and all the homes within the s/d are separated by walls. Therefore, "Party Walls and Fences" is not an unusual article in the CCRs. Following is an excerpt from my former assn's CCRs:

"In the case of party walls or fences between common area and lots, the assn shall be responsible for all maint. repair or reconstructin thereof, subject to the provisions of Sections 10.3 & 10.4 (standard of care provisions)of this declaration; provided, however, that each owner of a lot situated next to the common areas shall be responsible for repainting the portion of the party wall or fence which faces the lat and does not face the common area." In other words, only repainting of the fence is shared by the assn and the particular assn member. Any other work required to be performed on the fence is the resp. of the assn. IMO, the board should visit this issue and adopt a pertinent rule or actually an amendment to the CCRs might be more appropriate.

SusanW1 (Michigan)
Posts: 5,202

Posted:

If you want the interior to match the exterior, I'd suggest that the Association assume all maintenance and staining of the fence.

Is it possible that there could be a hot pink section? Or are homeowners bound by a certain color to use?

BobbyC (Florida)
Posts: 4

Posted:

Thank You all for your comments

BradP (Kansas)
Posts: 2,640

Posted:

Bobby:

Whose property is the fence on, is it on common property, if so it is in my opinion HOA responsibility. If it is on the homeowner's property then it sounds like your board has a decision to make as maintenance should have been thought of and arranged for when the fence was put up.

BradP (Kansas)
Posts: 2,640

Posted:

Posted By BobbyC on 08/17/2008 12:03 PM
In Florida I think it is generally understood that when a fence divides a property, both homeowners are equally responsible for the side of the fence that faces their property. Would not this also carry over to the above scenario; the HOA being responsible for the community property side and the homeowner being responsilble for the portion of the fence on their part of the property. div>

Again, I think that depends on where the fence lies, I have two neighbors with fences, both fences are on their property and don't touch mine. I never agree when they put it up to maintain my side of the fence so I don't think I should be responsible for their stuff...Florida law may dictate who does what, but to me where it lies is important.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By BradP on 08/19/2008 8:18 AM

Perhaps it's right on the property line! THis is how the fences are constructed in this part of AZ where the majority of homes have walls (fences) separting the homes. Each property owner is resp. for his side of the wall (fence).

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