πŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in

LauraT4 (Georgia)
Posts: 6
Posted:
So I am new to this HOA Board, I was elected president this year, oh lucky me. So we are having a disagreement with our ARC, who tend to feel like they probably have more power than they actually do. Anyway, along our common area where the community playground/pool/clubhouse is there is a greenspace. Next to this is the first house in our neighborhood, there is a fence which needs to be replaced between the two, it is falling apart and has not been addressed by previous boards/owners in all the years past. I believe this would be considered a party fence between the community and the homeowner, thereby the community pays for half the fence cost. Our ARC feels differently, they do not believe the community should be responsible for the cost because the fence sits 3ft onto their property and it would set a precedent. Thing is, there are no other homes in the neighborhood that borders a common space area, only perimeter fencing which is shared with the road. They say if we pay for the fence, others will expect for us to pay for half of theirs, but the situation is not the same! Does anyone have any experience with this? This is in Georgia, and there are no specific laws in GA about fences, and our bylaws are not specific to common area property along owner property, only owner to owner property. Any feedback would be hugely in my response to the ARC
CathyA3 (Ohio)
Posts: 6,299
Posted:
What do your governing documents say about this fence, if anything?

Do you know if that area is subject to an easement of any kind?

At this point it sounds to me like a privacy fence that is on the owner's property and exists for the owner's benefit. Does the HOA benefit in any way? I can see that happening if the fence also provides privacy for users of the clubhouse or playground, or if it stops stray balls from crashing through the homeowner's windows.

We need more info...

LauraT4 (Georgia)
Posts: 6
Posted:
Thank you for the questions...
1. The covenants do not say anything specific about this fence, just that shared fences are considered party fences and the cost of maintenance, replacement should be shared
2. We do have an easement as this is on one of our neighborhood lakes, but that only covers the easement from the lake up to the bottom of the fence line, where no fencing is allowed.
3. The HOA does benefit in that it blocks view of the clubhouse use from the homes in the neighborhood, keeps kids from wandering away from the playground, and it’s a terrible eyesore that would great benefit the beautification of the common spaces with its replacement.

Let me know if you have any other questions, again, new at this so I’ll take all the questions that may possibly be thrown at me.
BenA2 (Texas)
Posts: 1,273
Posted:
I agree with you about it not setting a precedent, because it is a unique situation. However, if it is three feet onto the owner's property, I would not consider it a party fence. A party fence shares ownership because it's on a property line. In this case, there is no question whose property the fence is on.

Absent any historic evidence stating otherwise, I would consider it the owner's fence. Think of it this way, you could not maintain your side of the fence without getting the owner's permission because you would have to enter their property.
LauraT4 (Georgia)
Posts: 6
Posted:
Thank you for the feedback. I am looking for the survey information which was conducted according to those opposed to the shared cost. I get a lot of "there is history there" and "this has been done already" but then fail to provide actual proof. Being the HOA president is the stupidest job, EVER. Hah. Thanks again.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our rule is that we APPROVE building a fence. We are NOT responsible for the fence. However, IF it falls into disrepair or does not meet criteria, then we can tell the owner to take it down. If they refuse to fix it, then we pay for it to be fixed/removed and send them a bill. If they do not pay for that bill, then we lien them for it.

So have to agree with the ARC on this one. The HOA most likely approved the fence to be installed to the owner of that house at one point. That doesn't mean it is the HOA's responsibility to replace/repair it. Just to make sure the owner does.

Believe me you do NOT want to set a precedent on this. You will never live it down or get out of it.

Former HOA President
KellyM3 (North Carolina)
Posts: 2,239
Posted:
That's a private fence that is the obligation of the homeowner. This is an easy one.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By LauraT4 on 01/31/2021 2:21 PM
Anyway, along our common area where the community playground/pool/clubhouse is there is a greenspace. Next to this is the first house in our neighborhood, there is a fence which needs to be replaced between the two, it is falling apart and has not been addressed by previous boards/owners in all the years past.
-- Do the governing documents require the fence's existence?

-- If the governing documents do not require the fence's existence, then can't it simply be removed rather than replaced? (I realize people would probably prefer that the fence remain, though in an attractive condition, for privacy reasons.)

-- Do the covenants require all fences to be maintained in an attractive condition?

-- Has the ARC issued a violation to the owners of the lot that apparently "own" at least half (and maybe all) of the fence?

-- I would rather see what the governing documents and plat say before judging this one. To me, the story here does not yet add up to anything logical.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Who built the fence?

Sounds pretty clearly to be a private fence - for several reasons.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Laura

The BOD appoints the ARC. If the BOD does not agree/like their decisions, then fire them off the committee.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • βœ“ Ask follow-up questions
  • βœ“ Share your experience
  • βœ“ Get expert advice
  • βœ“ Access 350,000 discussions
Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in here