HOA Perimeter Fence Who pays for repairs?

Started by ReneeH4 • 4 replies • 7858 views

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ReneeH4 (Florida)
Posts: 1

Posted:

I live in a 16yo HOA. The Developer put up a 6' wood shadowbox around the entire perimeter. When I bought my new home, survey showed this perimeter fence was encroaching approx 20" on my property. Developer said it was not my fence and could not be moved. Over the years, I've sent emails to the various property mgmt companies, saying the perimeter fence was dry rotted, loose boards, etc. and never got a response.

Hurricane Irma blew down the entire fence across the back of my yard, 60' of fence. I took a bunch of pictures, immediately had the fence replaced (I own german shepherds, it was a liability issue to me). I had the fence placed right back on the encroaching line. I submitted the invoice to my HOA for reimbursement. At the monthly meeting, they said they needed to replace the broken perimeter fence on the South side of the development because the adjacent subdivision was complaining. The President then turned to me and said he needed more documentation from me and my request would be tabled until next months meeting. HOA Documents make no mention of during transition from developer to association that each homeowner is now responsible for perimeter fence. (I would have moved fence to property line and replaced the rotten fence years ago if this was the case!). I felt almost discriminated against with his comment.

So, I was thinking formal 45 day request for reimbursement, along with copies of original survey showing perimeter fence, paid in full invoice from fence company, original letter sent when encroachment was noticed....am I wasting my time? Also, our ARB says repairs can be made without request in case of emergency. Any and all info is appreciated!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

First off, this should have been sorted through BEFORE you did the work. The HOA isn't guaranteed to give you reimbursement just because you paid for the work/replacement. The HOA needed to determine if that was their fence. Which would be who built the fence and then determine the party responsible.

We have a perimeter fence around our HOA along one busy road way. It goes through many people's yards. Our HOA typically does take care of that fence or approves an owner to do so. There is a mixture of owner owned and HOA fencing. So we don't replace/repair fences of individual owners. However, we do tell them it needs fixed and to repair it. We don't pay for it. Unless you refuse to fix it. Then we send you the bill for that expense and lien if not paid.

So it may not be the fastest route but it is the route that needs to be taken. Approval by the board FIRST then the work.

Former HOA President

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By ReneeH4 on 10/12/2017 1:23 PM
I live in a 16yo HOA. The Developer put up a 6' wood shadowbox around the entire perimeter. When I bought my new home, survey showed this perimeter fence was encroaching approx 20" on my property. Developer said it was not my fence and could not be moved. Over the years, I've sent emails to the various property mgmt companies, saying the perimeter fence was dry rotted, loose boards, etc. and never got a response.

Hurricane Irma blew down the entire fence across the back of my yard, 60' of fence. I took a bunch of pictures, immediately had the fence replaced (I own german shepherds, it was a liability issue to me). I had the fence placed right back on the encroaching line. I submitted the invoice to my HOA for reimbursement. At the monthly meeting, they said they needed to replace the broken perimeter fence on the South side of the development because the adjacent subdivision was complaining. The President then turned to me and said he needed more documentation from me and my request would be tabled until next months meeting. HOA Documents make no mention of during transition from developer to association that each homeowner is now responsible for perimeter fence. (I would have moved fence to property line and replaced the rotten fence years ago if this was the case!). I felt almost discriminated against with his comment.

So, I was thinking formal 45 day request for reimbursement, along with copies of original survey showing perimeter fence, paid in full invoice from fence company, original letter sent when encroachment was noticed....am I wasting my time? Also, our ARB says repairs can be made without request in case of emergency. Any and all info is appreciated!

The HOA probably has an easement to use a portion of your property (possibly a 3 or 5 foot strip) for prescribed purposes, such as building a fence or wall. A wall or fence easement would grant the association the right to erect and maintain a fence, but not necessarily the responsibility to do so. It is possible that it is at the association's option whether they even want to replace the failed fence. You can check your survey or plat to get more details on any easement that might exist.

You should also review the association governing documents (CCRs, Deed Restrictions, Covenants) to see if they place any obligation on the association regarding the fence. If not, then it would be optional on their part. Even if the association is required or desires to replace the fence, they are not necessarily required to reimburse another party (you, in this case) for having the work done. In theory, they could actually require you to remove the fence you put up because it encroaches on their easement, although that's hopefully not very likely.

You are certainly free to make any demands you wish, but since they may be under no obligation to pay you, I would consider that taking too adversarial of an approach might be counterproductive.

Of course, if the association is not willing to reimburse, you could always sue and see if you can convince the judge. It's often hard to guess how a given judge will decide on a given day, so you might get lucky.

If the association doesn't have an easement, then they may have been using your property improperly all along, but I have no idea what relief you could get for that unless you can prove monetary damages.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

I think you jumped the gun a little bit there, Renee. I'm also thinking about what easements might exist on the property. Check the plat for the development.

Your desire to protect yourself from liability because of your dogs sounds reasonable but that doesn't constitute an emergency on the part of the board in which case your ARB language about "emergency repairs" isn't worth much. I think the association probably has no obligation to reimburse you for anything at all unless there's a written agreement to do so ahead of time, or language in your governing documents that would allow it. Did you get permission to put the fence back up? If you didn't then I think your invoice for reimbursement could be rejected, and rightfully so. Normally an owner does not have the right to make changes to the common areas or in easements no matter how dangerous his dogs are. The final determination and decision of when and how, or even whether to replace the fence at all, rests with the board. I do hope they do the right thing and not leave you hanging but not getting permission ahead of time is usually a recipe for disaster.

JanetB2 (Colorado)
Posts: 4,219

Posted:

You need to refer to your documents. If the fence is "common area property" then it is potentially HOA responsibility. However, you did potentially jump the gun as the HOA is supposed to address and make the repair if so noted in your governing documents. If the fence is common area and was restored to same condition as previously built ... potentially HOA should reimburse. However, if fence is different material which would possibly be more costly ... you might be on hook to pay difference.

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