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CourtneyS2 (Texas)
Posts: 74
Posted:
HOA has promised several years ago to install a fence to prevent people from trespassing on a resident private property.Now the HOA is saying that once they install it they will leave an opening allowing residents to still continue to trespass on someone else property. The other streets that have fences that were installed be HOA have no openings. There is a walking trail on the other side of my land as well as the other streets. However, there is a dedicated entrance with a sidewalk and signs for residents to enter on another street. The board members of this Hoa live near this street so they want to make their own rules and keep the open accessible for their benefits
What are my options?
BillH10 (Texas)
Posts: 1,217
Posted:
Courtney, who owns the land on which the fence will be erected?

Have you asked the Board or property manager why there must be a gate?
CourtneyS2 (Texas)
Posts: 74
Posted:
The resident doesn't own the land where the fence is going to be erected as long as they don't cross boundary lines.The HOA or the Mud District owns it. The residents continually trespass on the homeowner land to get to the trail with ATV, Dirt Bikes, Cars driving through the owners front yard property. This is in a cul-da-sac. The Hoa installed gates at every street except this one and the dedicated entrance to the trail. The HOA said that they would install and close the gate once the last house in cul-da-sac was built.

The homeowner wants the gate also to prevent trespassers and for safety measures. The community thinks the residents front yard is for public use.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Is there a reason that the resident can't fence in their own yard (ie. do the CC&Rs say "no fences")? Or put in landscaping that discourages walkers? Or put up No Trespassing signs? (The last one won't keep anyone from walking across someone else's property, but it may protect the owner if someone gets hurt and tries to sue over it. If there is a steady stream of people walking through others' property, this is an issue. Be prepared for accusations of being "un-neighborly" or worse.)

Unfortunately, if the land with the fence is common area, the HOA board can probably do whatever it wants, consistent with the CC&Rs of course.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It sounds like they want the HOA to pay for the fence and NOT themselves. If you take that approach then the HOA can do whatever it wants in regards to the fence. It is ALL the member's paying for it out of everyone's dues money.

If the owner wants to put one up, then they go to the HOA for approval/placement. They then get approved for the project, install, and maintain it. If they don't maintain though the HOA can take it down or send them a bill for the repairs if the HOA pays for it.

So basically this person wants a "free" gate installed by the HOA, then it has to be on the HOA's terms. If they put it up themselves on their own private property it is theirs.

Sounds to me they want someone else to pay for their inconvenience.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Courtney

How else could owners get to the trail? Is not the present arrangement an easement?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Regarding trespassing.

Post signs, document incidents (cameras, photos, etc.) and call the police to file complaints.

CourtneyS2 (Texas)
Posts: 74
Posted:
There is a dedicated entrance that is owned by the HOA for access to the trail. This includes a sidewalk two benches trash can and rules upon entry this is located one street over from where this resident lives.
CourtneyS2 (Texas)
Posts: 74
Posted:
No, the resident isn't wanting the fence to be installed for free.

There was one lot that had not been built on, the HOA was waiting until a home was built on that lot. They said as soon as that home is built on that lot they will an iron wrought fence and close it off just like the other streets.

There is a dedicated entrance to get to the trail for all residents the HOA maintains this trail. There is a sidewalk two beautiful benches and rules upon entry.

If the HOA installs a gate leaving a opening then they are allowing residents to trespass on someone's property.

The Hoa doesn't have easement or own the land the trespassers walk through it belongs to the resident.

CourtneyS2 (Texas)
Posts: 74
Posted:
Thank You
TimB4 (Tennessee)
Posts: 21,059
Posted:
Have you talked to your neighbors to gather support that a gate not be installed?

If you have, now is the time to send a letter to the board showing that support.
If you have not, start knocking on doors.

Have you brought your concerns to the board?
If you have, what was their response?
CourtneyS2 (Texas)
Posts: 74
Posted:
The neighbors on that street don't want the gate completely closed off. The residents that live in the two homes in the cul-da-sac wants the gate completely closed upon installation.I agree with the residents.

The other gates are closed with no gap. Anyone that walks through would be trespassing.

The HOA knows about ATV, Dirt Bikes, Truck Stroller, dog in the front yard cars parking in front of the home at 3am shining lights into the home and not moving for 4 hrs.
The Board members live on the street and they want to leave a gap in the gate upon installation making it beneficial for there use. They're now trying to say they have easement bit can prove it because they don't.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sounds like an uphill battle that you likely won't easily win.

Strongly suggest my first post:

Post signs, document incidents (cameras, photos, etc.) and call the police to file complaints.
CourtneyS2 (Texas)
Posts: 74
Posted:
Thank you Tim! Will try this hopefully they have a change of heart!

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