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Subject: board responsibility for repairs
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Author Messages
LeonaG
(Oregon)

Posts:5


06/15/2021 9:43 AM  
Issue: Board (via bylaws)is clearly responsible for all fence repair (including paint). Board states that because repairing fences is not 'on the agenda this year'... they will reimburse owners for materials, but not labor. Owners will be responsible for labor to repair fences.

This seems clearly illegal considering clarity of bylaws. Would the board not be required to provide some mechanism for owners to recoup those monies? Not sure how it would work - misc. expenses contributed by owner? Written statement by board of 'contribution'?

Ideas?
JohnT38
(South Carolina)

Posts:794


06/15/2021 9:51 AM  
Posted By LeonaG on 06/15/2021 9:43 AM
Issue: Board (via bylaws)is clearly responsible for all fence repair (including paint). Board states that because repairing fences is not 'on the agenda this year'... they will reimburse owners for materials, but not labor. Owners will be responsible for labor to repair fences.

This seems clearly illegal considering clarity of bylaws. Would the board not be required to provide some mechanism for owners to recoup those monies? Not sure how it would work - misc. expenses contributed by owner? Written statement by board of 'contribution'?

Ideas?




The board has wide discretion on when to perform repairs and one of the considerations that they have to consider is the budget. If in their opinion the fence repairs can wait another year and be budgeted for there is nothing wrong with this. Unless your HOA is the rare exception and has an abundance of money then they have to prioritize and plan accordingly.
BarbaraT1
(Texas)

Posts:589


06/15/2021 9:56 AM  
Posted By LeonaG on 06/15/2021 9:43 AM
Issue: Board (via bylaws)is clearly responsible for all fence repair (including paint). Board states that because repairing fences is not 'on the agenda this year'... they will reimburse owners for materials, but not labor. Owners will be responsible for labor to repair fences.

This seems clearly illegal considering clarity of bylaws. Would the board not be required to provide some mechanism for owners to recoup those monies? Not sure how it would work - misc. expenses contributed by owner? Written statement by board of 'contribution'?

Ideas?






The board has taken responsibility for the fence repairs by providing material and soliciting volunteer labor.

Illegal is a bit melodramatic. But by all means, sue them for not repairing the fence. I'm sure having to spend money on legal fees defending your lawsuit could only make it easier for them to save up for the fence repair.
JohnT38
(South Carolina)

Posts:794


06/15/2021 10:06 AM  
I forgot to add...I would have never made the offer that your board did. I would have simply said when the work is being done and left it at that. Of course this assumes that no safety or other compelling issue is involved.
MelissaP1
(Alabama)

Posts:10590


06/15/2021 3:52 PM  
Our HOA and most others I know, HOA is NOT responsible for fences. They ONLY "approve" fences. Which covers, size, color, type, and location. If you do not maintain the fence, it is a violation, or a danger then the HOA can remove it. So the fact your HOA is even taking responsibility for fence care is pretty rare and amazing.

Former HOA President
JohnC46
(South Carolina)

Posts:11665


06/15/2021 4:35 PM  
Our HOA is responsible for fence replacement thought depending on the location of the fence, the cost could be shared with an owner. As we strive for a "common look" we would not allow an owner to repair/replace a fence.
SheliaH
(Indiana)

Posts:4291


06/15/2021 4:45 PM  
What John said. Our association only pays for fencing around the common area and there's not much of that, except for what borders our community from a few private homes and the spaces between the undeveloped lot and the grocery store strip mall.

And your board is springing for materials?? Count your blessings, do your due diligence on finding a good contractor and move on.

PS. You may want to take a look at the financials - it may be there are some upcoming bills for things that are more crucial than the fences. Or some of your neighbors aren't paying their share of expenses. Or both. When that happens,boards have to set spending priorities and it sounds like you're is doing the best it can. You do remember some people became unemployed or underemployed at the start of the pandemic and may now be trying to catch up, don't you?
LeonaG
(Oregon)

Posts:5


06/15/2021 4:48 PM  
I notice that you jumped right to some big assumptions about my intent. What was that comment about melodramatic?
SheliaH
(Indiana)

Posts:4291


06/15/2021 5:06 PM  
where did I assume anything? They said the fence repair wasn't on the agenda - did YOU ask why instead of speculating about its legality? Maybe they'll hold assessments at the same rate next year because owners took care of the labor. You could ask about that too. And if you'd rather wait until the board can pay for the whole thing you could ask if that was an option.

Money is is still a factor, whether you want to believe it or not. If there's not enough money to cover everything now, you have to make choices. This may have been a choice that kept getting out off until there was no more road to kick that can. There wasn't enough money either, so this may have been the best option. You may have received those details via a conversation with the board.


By the way, If you want an answer to a legal question, go to a private attorney. Most of us aren't attorneys, haven't seen your documents and what's true in my state may not be the same as yours.
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