Fences

I have a friend that lives in an HOA and an interesting issue came up, so I said I would seek help from you all out here.

A row of homes (two years old, builder long gone) that all have backyards surrounded by 6ft privacy fences. For this discussion let us deal with the back edge of the fence only. As each home was added (over the period of a year or so) the fence (not an option) was built.

The back edge of the fence has always been considered the property line. Meaning no HOA property on the other side of the back fence and not maintained by anybody.

One home's back fence is bending over and he has asked the HOA to rebuild it. The HOA says it is your fence as is the rest of the fence. The homeowner says it is the HOA property line/fence thus their responsibility.

The docs have been looked over and over and there are no references to fences.

Please offer solutions, suggestions, etc.

Thanks

Melissa

Thanks for the reply.

Not to be a rebuttal, but to add information.

The fence was installed by the buider/developer as each home was built (thus added in sections) and before the owners took control of the HOA.

Thanks

Typically, fences that are on the property line is a shared expense between the two property owners unless only one party put the fence up.

If there is no mention in the governing documents about fences, then applicable State laws and/or city ordinances would apply.

Mel and Tim

For the sake of more information.

Mel

The fence was not an option.

Tim

The fence is not shared as in house to house. They do share side fences but not an issue here. Only the back portion of the fence is the issue as in homeowners versus the HOA.

Thanks for your views.

Steve

The fence does not abut common ground.

The homeowner's claim is the fence is the boundry of the HOA, thus it is their fence.

Thanks for replying.

John,

Based on what your posting, the owner of the fence doesn't want to bear any of the expense. The Board doesn't want to bear any of the expense and probably also doesn't want to set a precedence that will cost the membership money. I suspect if it was brought to a vote, the membership wouldn't want to bear any of the expense (as I suspect others don't want to pay for your neighbors fence).

If the fence is on the property line, it's shared with someone (even if it's not someone within the Association). If they want to be sure who the owners are, the member and/or the Association should contact the county land records office and get a copy of the plat. This will show the property lines. If the fence is solely on the members property a reasonable person would conclude that they are responsible for the fence. If the fence is on the property line, a reasonable person would likely conclude that the fence is a shared responsibility of the two property owners. If its not bordering common area, then the HOA is not one of the owners.

Therefore, lets look at the specifics you provided.

"The back edge of the fence has always been considered the property line. Meaning no HOA property on the other side of the back fence"

Based on this information, the Association would have zero responsibility for the fence as it's not adjacent to any common area.

Would your neighbor be ok if the fence came down? After all, if they believe it's the responsibility of the HOA, then the HOA may repair or remove the fence. Based on the information you provided, if the neighbor wants to keep the fence, then they need to keep it in good repair.

Since this appears to be an issue, your friend should encourage their Board to adopt a policy and publish it to the membership so there is zero confusion in the future.

John,

You never offered your opinion of your friends issue.

If your willing to share I'm interested?

Tim

Hi John:

On which property is the fence … the owner … or the HOA? This sounds similar to my area in which the builder was required as part of the “development plan” with the City had to meet certain “city ordinances” and therefore had to build certain perimeter fences. Now even though the City required these fences up front they were located on the future homeowner’s property. In essence the owner of those lots received partial fencing as part of their purchase and it is not HOA property or responsibility.

You might go to your local government Planning Department and see what was required of the developer to provide as required by said government statutes.

All

Today I finally saw the fence in question. Brick pillars about every 8ft with almost a criss-cross patern solid wood in between. I would call it more a wall then a fence.

What I also saw was the fence also runs along the main road before you turn to enter the neighborhood. I said it looks like the HOA is maintaining the front side of that fence along the road. He said yes. I said but when the fence makes a 90* turn and is running along the back of the homes is where the disussion is about. He said yes. I replied the more I look at the use/maintainene of the fence at the front property side, the more I think the entire fence is the HOA's responsibility.

He said what you say makes sense but they are still not sure what they are going to do.