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Wednesday, October 28, 2020











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Subject: Brick Wall Replacement Costs
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Author Messages
AmyJ5
(Texas)

Posts:2


10/13/2020 1:51 PM  
I am new to my HOA Board. My subdivision consist of 26 single family homes in a gated community in TX. Being so small, we only have gates and flower beds that I can see a common property. But the CCR's, written in 2005 and never updated, state all private fences, walls, and gates are considered common areas. We have 5 homes that share the brick wall and it is 100% on each home owners survey as their back fence. The Pres and VP live in 2 of the 5 homes on the wall. They already paid 27k for house 1 to get a new wall and they sold it as soon as the mortar was dry. It took 1.5 years of dues to pay for that. Now that I have brought it up about it being on private property and could it be considered Limited Common area, they are livid with me. Both say they were promised by former Pres (in house #3 on the wall) that HOA would pay for it and if it doesn't, they will sue!? They said they will contact our house attorney, but when I emailed asking to be let in on the call, I haven't heard back from them. They mentioned holding a special assessment to get it replaced. Previous HOA couldn't get it insured because it was all on private property, but they won't hear it.

Am I the only one that thinks something stinks here? Any suggestions?
GeorgeS21
(Florida)

Posts:3275


10/13/2020 2:52 PM  
More will offer likely better advice ... but, it sounds like the Board could be sued but the other owners if they DO pay for the wall repair.

I would consider speaking with an HOA attorney with this one.

If you get an opinion that notes the HOA is not responsible, then you can politely agree to see the complaining owners in court.
DouglasK1
(Florida)

Posts:1538


10/13/2020 2:53 PM  
Is there an easement on those owner's property? In my last subdivision, the exterior wall was on personally owned lots, not on common property. The plat showed that the association was granted a "wall and fence" easement on a five foot strip of property along the back of the lot lines. The association did maintain the exterior brick wall on that easement.

It is not clear to me from your post if the wall already exists or a new one is being built. If it already exists, and is only 15 years old, I'm not sure why it would need rebuilding.

Escaped former treasurer and director of a self managed association.
AugustinD


Posts:4153


10/13/2020 3:43 PM  
Your Board should seek an attorney's opinion on this one and abide by it, for its own defense.
MarkM19
(Texas)

Posts:667


10/13/2020 5:08 PM  
Amy,
I am very curious how this will turn out. We have Concrete fencing in our Large community. We have over 2 miles of it actually. It is very expensive to repair. I have often had the opinion that just like any side neighbors the cost should be shared equally. I have recently heard that in Tx that is not a hard and fast rule. By putting the repairs of the homeowners fence on the entire HOA.
RebeccaA7
(Texas)

Posts:4


10/26/2020 7:18 PM  
I’m in Texas, and I’d be willing to bet those walls are common area. Under the fence/wall provision in your cc&rs it should state if these are hoa responsibility. If you’re on the Board, you are entitled to be on the call with the attorney to discuss this, and entitled to all correspondence regarding this.

When you say the previous HOA, do you mean board members?
AmyJ5
(Texas)

Posts:2


10/26/2020 8:32 PM  
It's one wall in 5 home owners back yards. Hoa couldn't get it insured bc it was on private property. They said it needs to be on home owners insurance. The other board members stopped communicating with me and I resigned. The ccr state all private fence and walls are common area so it looks like they will be paying for everyone's fence not just theirs. Bankrupting the hoa. Just because of simple wording.
Old HoA company and Board.
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Forums > Homeowner Association > HOA Discussions > Brick Wall Replacement Costs



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