Spending on property outside property

DianneW (Oregon)
Posts: 1

Posted:

I live in an HOA adjacent to a farm.The farm is putting up a barbed wire fence about one foot inside the property line. They have offered to upgrade to a woven wire fence if we asan HOA pay the difference in cost.
The fence will be totally n their property. Can we use HOA money for this? I live in Oregon and we are a non profit.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By DianneW on 03/04/2020 2:27 PM
I live in an HOA adjacent to a farm.The farm is putting up a barbed wire fence about one foot inside the property line.

Where's that? On their side of the line or on your side of the line?

Quote:

Posted By DianneW on 03/04/2020 2:27 PM
They have offered to upgrade to a woven wire fence if we asan HOA pay the difference in cost.

"we asan HOA" means what?

Quote:

Posted By DianneW on 03/04/2020 2:27 PM
The fence will be totally n their property. Can we use HOA money for this?

I think not. Not without a contract that spells out every detail. Who owns the fence? Who has to pay to maintain the fence? What benefit does your HOA get by agreeing to pay for their fence? "Woven wire looks better so we're going to pay for their fence upgrade," doesn't sound like anything I'd want my HOA to be paying for.

What do your governing documents say? I doubt they authorize the expenditure of funds for someone else's property in return for an improved appearance.

Quote:

Posted By DianneW on 03/04/2020 2:27 PM
I live in Oregon and we are a non profit.

Are you really? A tax-free charitable organization? Or are you a "corporation not-for-profit"? The two are not the same thing (although probably irrelevant where this fence plan is concerned).

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

You can barely see a barb wire fence. How would a highly visible woven wire fence be an upgrade? Sounds worse.

That said..... no I wouldn't pay the farmer.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By GenoS on 03/04/2020 2:53 PM

Posted By DianneW on 03/04/2020 2:27 PM
I live in Oregon and we are a non profit.

Are you really? A tax-free charitable organization? Or are you a "corporation not-for-profit"? The two are not the same thing (although probably irrelevant where this fence plan is concerned).

Are you saying that you think DianneW's HOA is not subject to ORS Chapter 65 "Nonprofit Corporations"?

https://www.oregonlegislature.gov/bills_laws/ors/ors065.html

GenoS (Florida)
Posts: 4,276

Posted:

I don't know. Just asking for clarification. All I do know is that there's a difference between a "non-profit" and a "not-for-profit".

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By DianneW on 03/04/2020 2:27 PM
I live in an HOA adjacent to a farm.The farm is putting up a barbed wire fence about one foot inside the property line. They have offered to upgrade to a woven wire fence if we asan HOA pay the difference in cost.
The fence will be totally n their property. Can we use HOA money for this? I live in Oregon and we are a non profit.

I would say you need a written form of contract w/ the farmer spelling out the responsibilities and - yes - you could pay for the upgraded fence as a HOA policy decision.

Future maintenance issues will be complicated, however.

I would not recommend making the investment though I believe you certainly can do so if the HOA board is transparent as the aesthetic upgrade benefits the HOA....the farmer only needs barbed wire.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DianneW on 03/04/2020 2:27 PM
I live in an HOA adjacent to a farm.The farm is putting up a barbed wire fence about one foot inside the property line. They have offered to upgrade to a woven wire fence if we asan HOA pay the difference in cost.
The fence will be totally n their property. Can we use HOA money for this? I live in Oregon and we are a non profit.

Here is an Oregon State Statute regarding fencing. While you are an HOA you still must follow all local, county, and state laws.

https://www.oregonlaws.org/ors/96.010

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KellyM3 on 03/06/2020 7:43 AM

Posted By DianneW on 03/04/2020 2:27 PM
I live in an HOA adjacent to a farm.The farm is putting up a barbed wire fence about one foot inside the property line. They have offered to upgrade to a woven wire fence if we asan HOA pay the difference in cost.
The fence will be totally n their property. Can we use HOA money for this? I live in Oregon and we are a non profit.

I would say you need a written form of contract w/ the farmer spelling out the responsibilities and - yes - you could pay for the upgraded fence as a HOA policy decision.

Future maintenance issues will be complicated, however.

I would not recommend making the investment though I believe you certainly can do so if the HOA board is transparent as the aesthetic upgrade benefits the HOA....the farmer only needs barbed wire.

I agree.