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Posted By MarcC4 on 05/09/2020 5:57 PM
It actually is. A homeowner has to submit an application to the ARC to build a privacy fence. Some people build a fence all themselves. Others have neighbors fences to their left and right snd decide they might as well fence in the third side themselves. They have a choice to add their own corner posts or attach to the right and left neighbors fence. But they have to get permission to attach. And in the application we require written permission from both neighbors to attach. No permission given? We reject the application.
So by extension, having an uninsured vendor attaching to neighbors fences doesn’t sound like good policy.
I can’t wait to put this to a vote. No way 67% of the homeowners are going to vote YES to allow uninsured vendors to do work.
Who wants cheap, crappy uninsured vendors doing work in the neighborhood you have your biggest investment in?
Unfortunately, the cost of the project and whether the vendor has a license and insurance do not guarantee quality workmanship.
Wile I agree that you should not vote to allow uninsured contractors. I disagree with mandating use of only licensed and insured contractors. It should be recommended but cannot be mandated on an owner's personal property (in the case of a stand-alone, SFH).
It should be clear already, and your process can certainly repeat it for redundancy, but any issues caused by an individual homeowner's use of an uninsured and/or unlicensed contractor for work within the confines of their own property would fall solely on that homeowner. A homeowner's signature on your application/form would further acknowledge this situation and that they are accepting the associated responsibility.
I'm a big do-it-yourselfer . . . neither licensed nor insured to do many of the projects I tackle. I'm comfortable with any risks I take to do the work I do because I mitigate those risks and follow proper procedures, like obtaining permits, getting inspections, and calling the local utility location service before digging. More importantly, there are many times I've felt that my own work is better quality, longer-lasting, and significantly cheaper than the same work done by licensed/insured contractors. Your process would not allow folks like myself to do the work we are able to do and allowed to do within our own homes and properties. You'd have significant difficulty with me in regard to the inappropriate overreach of your process.
Finally, you are also mixing a few different things that kind of deserve their own discussion. In my opinion, it should be obvious that you can't tie into a neighbor's fence without asking them and receiving permission . . . after all, their fence post should be entirely on their property and belongs to them. Also depending on your location, your municipality may have specific setback requirements in regard to fencing. Make sure you are complying with those.
And if someone's fence extends outside of their property, it may not be the licensed/insured contractor's fault (so mandating their use didn't solve this issue) . . . perhaps the owner's design accidentally or intentionally made it that way and the Arch Review Committee or review/approval process didn't pick up on it and approved it . . . who takes the blame at that point?