Your opinion regarding perimeter fence

Started by KarenT • 7 replies • 3252 views

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KarenT (Washington)
Posts: 250

Posted:

Our subdivision is approximately 14 years old. The builder was required to put up a perimeter fence which he did but only at the entrance (both sides) and down one side behind 4 houses. This is a wood fence where they only put every 3rd post into cement so of course they have rotted out over time and we've made repairs. While the builder continued the rest of the subdivision (12 houses total)he did not continue with the wood fence but rather put up a chain link fence behind each house he completed. How he got away with this is beyond us. Anyway, he did not finish the subdivision because he became sick, filed bankruptcy and subsequently passed away. The remaining 4 houses that were not completed were bought by an investment company and finished (thank heaven!). We've tried since 2002 to convince the homeowners that we need to replace the fence and of course the argument is "we don't think we should have to pay for the fence because it's not behind our house".
We said, well what about the entrance - "no the owners of those houses should pay for it". How do we solve this? We believe it doesn't matter where the fence is, that is was the original fence and it's part of the association so everyone pays.
What are your thoughts????

DonnaS (Tennessee)
Posts: 5,671

Posted:

Karen,
Is there anything in your documents/covenants addressing the fences? 2 different types of fences is already a problem. What type would you replace the old fence with? Is it nescessary to have the fence at all. Is all of the area fenced considered "Common Area?

DwightT (Idaho)
Posts: 664

Posted:

FWIW: Our documents stipulate that any fencing that is between a homeowners property and any common area it the homeowners responsibility to maintain, not the Associations. The only fencing that the Association is responsible for maintaining is about 100' between a catch basin and a drainage ditch (no other adjacent property owner).

So for us, even though the builder may have originally installed a perimeter fence, it would now be up to the nearby homeowner to make sure the fence is taken care of. On the other hand, if the fence falls into general disrepair, the HOA could require the homeowner to fix it or the HOA could have the fence repaired and bill the homeowner for the costs.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Dwight,

The CCRs of my current and former assn are contrary to yours. If the wall (fence) borders common area it's the resp of the assn to maintain and repair (unless the maint or repair issue is only on the side bordering the property owner). Common walls (walls between individual properties) are maintained/repaired equally by both property owners.

Regarding a fence that surrounds the community: why do the members even have to get involved. If the BOD feels the chain link fences should be replaced with the same type of fencing used at the entrance, then that's their call. The only time the members should get involved is if the gov docs require a member vote to expend a certain amount of money and the cost would exceed that amount. Otherwise, a vote of the members should not be required. The members need to understand that whether they benefit from a particular improvement or not, their assessment is used to pay for the construction, maint and repair of that improvement. The members do NOT pay for only those benefits they use!

KarenT (Washington)
Posts: 250

Posted:

Mary,

Our document requires any expenditures over $1000.00 have to be voted and approved by the membership. The last time we tried to get this voted the cost of a new fence was approximately $6,000 and no one wanted to spend the $$$. Right now if we don't replace the fence it is going to fall down and we will get to see the ghetto neighbors who live on both sides of us!

MicheleD (Kentucky)
Posts: 4,491

Posted:

I guess I would replace the fence. . . in $999.99 sections. . .

MaryA1 (Arizona)
Posts: 7,043

Posted:

Michele,

Good idea! I agree!!! This is something that really needs to be done. This is why I take exception to requiring the members to vote on expenditures that exceed a certain amount of money, especially as low as only $1,000. I'm sure this low requirement places many constraints on the board. Why have a board if they can't make the necessary decision to run the assn effectively?

DwightT (Idaho)
Posts: 664

Posted:

Karen - you still need to see what your docs have to say about fences. Mine say the homeowner is responsible, Mary's says the Association is responsible, which shows that it could go either way. What do your docs say?

If your docs say that the homeowner is responsible, then the chain-link in the other areas is a separate issue. You will need to get your section of fence taken care of anyway. If your docs say that the Association is responsible, then I would think that you could take the same steps that my HOA would take if a homeowner didn't maintain the fence: get it fixed and send them the bill.

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