Perimeter wrought iron fencing

Started by RichardE10 • 8 replies • 664 views

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RichardE10 (California)
Posts: 18

Posted:

There is nothing in our CC&Rs that mentions perimeter fencing. We have block wall bordering the homes on the outer edge of our property and we reserve for maintenance of that. Those walls border public streets outside of the community. We also have some perimeter iron fencing. It hasn't been maintained since the construction of the community in 2007. Previous boards ignored the fencing. Some homeowners repainted the iron fencing that serves as their rear property line. The builder left us with a maintenance manual, not a recorded document. One chapter deals with association owned property. Most of it was accurate and some was clearly in error. But that chapter also states "The Association maintains all perimeter fencing." The problem is this. Over the years, owners have planted close to and/or attached to the fence. Some have chicken wire affixed to the fence to keep their pets in and critters from an adjacent greenbelt out, not owned by the HOA. I am facing resistance to a request for owners to remove everything from the fence so that our painting contractor can refurbish the fencing. Now I am thinking I would prefer to have the board issue a resolution that maintenance of the iron fencing has been moved the individual homeowners. If we don't do this, every 5 years or so when we need to repaint, we will face the same issues. Question: Is there anything stopping us from passing a resolution like this? Here is California we are under David-Stirling, but I can't find anything specific to my problem.

MarkW18
Posts: 1,290

Posted:

Look in your reserve study.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By RichardE10 on 03/27/2020 9:15 AM
There is nothing in our CC&Rs that mentions perimeter fencing. We have block wall bordering the homes on the outer edge of our property and we reserve for maintenance of that. Those walls border public streets outside of the community. We also have some perimeter iron fencing. It hasn't been maintained since the construction of the community in 2007. Previous boards ignored the fencing. Some homeowners repainted the iron fencing that serves as their rear property line. The builder left us with a maintenance manual, not a recorded document. One chapter deals with association owned property. Most of it was accurate and some was clearly in error. But that chapter also states "The Association maintains all perimeter fencing." The problem is this. Over the years, owners have planted close to and/or attached to the fence. Some have chicken wire affixed to the fence to keep their pets in and critters from an adjacent greenbelt out, not owned by the HOA. I am facing resistance to a request for owners to remove everything from the fence so that our painting contractor can refurbish the fencing. Now I am thinking I would prefer to have the board issue a resolution that maintenance of the iron fencing has been moved the individual homeowners. If we don't do this, every 5 years or so when we need to repaint, we will face the same issues. Question: Is there anything stopping us from passing a resolution like this? Here is California we are under David-Stirling, but I can't find anything specific to my problem.

I would think that you would need the residents to vote on something that puts this expense back on them. What do your governing documents say about this?

MarkW18
Posts: 1,290

Posted:

If the rear fencing butts up against another owners property, then it generally would not be association responsibility. If it butted up against common area that the association maintains, then it would the HOA's responsibility.

As I mentioned, these kinds of thing would have be included in your reserve study right from the beginning. To get them added would need to be amended into the CCRs and added to your reserve study. A resolution won't cut it.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I suggest checking your plats, and double-check your CC&Rs where they define common areas. If the wrought iron fencing is on common area, then it needs to be a reserve item - and as others said, a resolution can't change that.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Is there discussion of a maintenance easement anywhere in CCRs?

It doesn’t seem like the iron fencing would be treated differently than the concrete wall.

BenA2 (Texas)
Posts: 1,273

Posted:

I think if you have a document from the developer stating that the association maintains all perimeter fencing you would be hard pressed to pass that onto the owners. It doesn't sound reasonable to me.

JanetB2 (Colorado)
Posts: 4,219

Posted:

If your CCR’s DO NOT mention anything regarding perimeter fencing ... then why is the HOA even maintaining any of the perimeter fencing??? In one of my last HOA’s the developer was required for some areas to put up initial fencing by the City as part of the agreement for him to implement the development. However, any later maintenance of the fence then became the responsibility of the owners who purchased the lots on which the fence was constructed. I would contend most likely that is what your developer encountered and why the fencing is not part of your CCR’s and not HOA obligation.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By BenA2 on 03/27/2020 8:40 PM
I think if you have a document from the developer stating that the association maintains all perimeter fencing you would be hard pressed to pass that onto the owners. It doesn't sound reasonable to me.

If said document is NOT part of CCR’s disclosed, agreed to, and signed by owners when they purchased then it is just words not worth the piece of paper written upon.

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