Q re: HOA rights to force repair and collection

In our covenant, we have language regarding keeping visible fencing in a level of acceptable standard. Not sure of the exact wording, but simply, you can't let your fence become in a state of disrepair.

There are members of my BOD that want to earmark surplus money in our account and simply repair everybody's fence that has an outward facing fence alongside our main feeder road. This affects 30-40 houses out of 250. I think this is an unfair use of money because it's money that belongs to the entire community and not just the 30 or so along the road.

My contention is this:
#1: Each homeowner should be responsible for the upkeep and repair of their own property.
#2: Each homeowner *chose* the house they moved into. They should not be able to claim that they're just being picked on because their fence is very visible.
#3: The HOA is not a charity.

Going through our current process of notifications, once we get to the 3rd letter sent, we should simply tell the homeowner that they have x days to repair their fence. If after 30 days, the HOA will hire a contractor to do the job and send the homeowner a bill. If the bill is not paid, a lien will be put on the house or further legal action will be taken to collect.

Last piece of background info: Last year, a project that would have built a concrete fence around the community (would have benefited these same 30-40 homes) was voted down by a landslide. It went to vote at the annual HOA meeting because assessments were going to be required. This time around, the cost to repair is low enough (yet still significant) that no assessment will be needed and the board could pass this with no HOA input or vote. I am probably in the minority on the vote amongst the board.

Your thoughts? I am of the opinion of the 3 points listed above and the statement following.

Thanks for your responses,

Tim

what I've stated is allowed in the CC&A.

I'm simply looking for discussion on how others may have handled (or would handle) "forced repairs" within their own HOA.

Thanks,

Tim

That's the kicker. the other two board members are "for"; leaving me 2-1. also, since no assessment would be needed, the board can vote and pass this BCD without HO knowledge or approval.

I agree with your opinion. Even if in the minority on a board vote, you still should oppose and insist that your reasons be recorded in the minutes. This way, HO's can read of your opposition. First, try to rally your fellow HO's to come to the meeting when the vote will occur and voice their opinions!

We haven't enforced our CC&R that permits us (the board) to enforce maintenance requirements. We're a 200+ plus 10-y.o. twin tower urban high rise. Many balcony ceilings are unsightly as they've never been painted. They're visible from the sidewalks and from other balconies. We're currently encouraging Owners to paint via the newsletter, etc. I know for certain that our board would never vote to have the Assoc. pay to paint 80 of them. We'll probably go for enforcement in a few months, but have far bigger fish to fry for now.

Tim,

We have a "self-help" clause in our Covenants that allows the Association to "enter upon any Lot or any other portion of the Community to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates this Declaration"

The problem is recovering the cost of the repairs after the fact. Since any such repair is done over the objections of the homeowner, voluntary payment is unlikely. Placing a lien on the property is possible, but that doesn't get the money back until the property is sold, and maybe not even then if it is under water.

The Association should expect that "forced repairs" will be a cost to the Association that will not be recovered, and only take them on if the condition to be fixed is so bad that it affects values in the community.