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.