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MelissaP1 (Alabama)
Posts: 13,836
Posted:
Moved into a new HOA and house. Was given the CC&R's prior to house finished by builder. My builder is different than the builder that owns the HOA. My builder had "rules" for fences to be shadowed boxed and painted Tobacco Brown. The day after closing had fence contractor come out to measure. It was a 12 -14 week wait. (It turned out longer). The fence company is one of the best in the area.

I submitted the plans and paperwork to the HOA MC. It was approved despite a small variance. (Water swell in backyard). A month later my neighbor next door moved in. Installed a fence the next day. Told me NOTHING about installing the fence. Plus did not get HOA approval. Another month goes by. My other neighbor does the same thing but at least told me. Again NO HOA approval. Had to change my plans 3 times and resubmit. The last submittal the MC told me I had to submit a form to attach to my neighbors. Which required me to get their permission to do so. I told them NO and was NOT attaching. It's just the front and back had installed.

Fast forward a couple of months. Was not able to paint and stain my fence due to weather. Too cold and rainy. The MC sent me a warning notice to paint my fence or face a $50 fine. Explained to them the company was not able to come out till the weather improved and the fence "weathered". It was painted 2 weeks after the letter was sent.

Here is the issue... My two neighbors still have NOT painted their fences. Plus one installed it out of the 3 foot from property line requirement. It also lined up half way into my bathroom window. I had to modify my fence to compensate. It was not possible to attach there. The other neighbor front fence/door lines up nearly at my hose bib. It's barely an inch between my water handle and fence.

My fence is in spec and approved. My neighbors are not making mine look out of place. Do not want to complain to the MC because all they tell me is what is their addresses. (Our addresses aren't consecutive). It doesn't look like they come and physically check. Otherwise should the MC not have enforced them to correct and paint their fences? Because I submitted paperwork they checked me.

One day they are going to have to paint their fences. Do you think I must make sure they paint BOTH sides? I do not think I should be responsible for painting their fence. I will let them in to paint it. I am also worried about them not color matching their fences. The MC is kind of open as long as it is "brown". I am afraid going to have 3 versions of "brown" fences in my yard. Their fence is already on the property line so it's not like I can install another fence. Plus theirs are not shadow boxed.


Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
In my opinion, if you attached to the fence that was on the property line (regardless of approvals, who was there first, etc.), That portion of the fence is now a shared fence and you are equally responsible.

When you were complaining about it, did you send photos and drawings showing the issue or simply try to explain it in words?
The old saying goes, a picture is worth a thousand words.

You say you are done dealing with the MC.
Well, unless you are going to take action against the neighbors yourself thorough the courts, you are simply going to have to live with this.

My advice, based on the expectation you plan to live there a long time, pick your battles.

Is this really that big of an issue that you want to alienate your neighbors, possibly be known as the chief complaining officer to the HOA and deal with the potential crap that comes with all of that or do you simply want to live a good life and enjoy your home and neighborhood?
KerryL1 (California)
Posts: 14,550
Posted:
Sound observation & advice from Tim.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Thanks Tim. Mind you I am not intending to complain. My complaint is with the HOA/MC not doing anything. Their fences have been up much longer than mine. However, I am the one who was sent a notice had to paint my fence ASAP. Which I did when timing/weather was right.

It's like the MC/HOA ONLY comes to investigate when you apply for permissions. They don't seem to come out to inspect anything outside of that. It's a bit frustrating.

BTW: I applied for my fence to be built prior to my neighbors. Got approved. That meant that paperwork wise my fence was "installed" whether or not it was physically. That meant that my neighbors IF they had gotten approval should have filled out the paperwork for attaching to MY fence. However, our MC told me that I was to apply to attach to their fence because theirs was standing. That is why I told them NO to filling out that paperwork for attaching. Which I am not. I only have a fence up front and one in the back NOT attached. I could not anyways because they installed theirs wrong for me to attach too.

I just don't get why the MC can not understand that when someone applies for a fence, you go and CHECK the paperwork FIRST and foremost. Now I am stuck with a wonky fence and most likely mismatching colors. This isn't going to make a future home buyer choose my house seeing how bad the fences don't match. The fences are to match but the MC says they don't have to.

Yes, I will be running for the BOARD just to fire the MC at this point...

Former HOA President
BancsS
Posts: 269
Posted:
Quote:
Posted By TimB4 on 04/09/2022 7:54 AM

My advice, based on the expectation you plan to live there a long time, pick your battles.

Is this really that big of an issue that you want to alienate your neighbors, possibly be known as the chief complaining officer to the HOA and deal with the potential crap that comes with all of that or do you simply want to live a good life and enjoy your home and neighborhood?

Such good advice Tim.

I sigh when I see posts about these things. Not to minimize Melissa's complaint, but as Tim said is it worth complaining about in the long run.

I will be erecting a fence in my new neighborhood this Fall, and I hope I don't have any issues. I have mild concerns since one of my neighbor's home is already built and the other side is being built the same time as mine. Shared fences would be the least costly but getting my neighbors on board is the big question. There are no homes being planned at the rear of my home for now. I will have to research the city code and the covenants to see what the requirements are and what restrictions there are. The covenants simply state, plans must be approved by an architectural committee. My realtor said the developer will not be very particular. But I do want the fence to conform to a common neighborhood look. So far the few fences that have been erected are 6 ft tall made of treated wood.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The Developers are not very particular at the new build part. Just important to get approve prior to building. My neighbors did not. Which has one person 3 foot OVER the line. Once the HOA catches wind of this they may have to move it or be fined for awhile.

Rumer is that my one neighbor may have been fined. I am not sure. A FB posting in our group sounded similar to my neighbor. They were complaining of a $50 fine and one for weeds. Both would be the case for them. Been battling their weeds and my other neighbor's awfully bright green grass.

They claimed they asked for permission but there was no way they did if it was my neighbor. They basically built the fence a day or two after closing. Which is not enough time for the HOA to have approved it. Especially on a weekend.

Admittedly I am being "allusive" to my neighbors and letting the HOA/MC handle the issues. I already had a problem with my last neighbor at my other house. It made life miserable for years. The problem all being him and not me. (Proven by law and animal control not me).

I am all about letting them in to paint their fences any time. Just want it to match the my color or atleast the required color.

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
Will that put you on the hook for maintaining "your" side of the fence?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That is the question. Am I responsible for painting the "Inside" of my fence area? I didn't install the fence and don't feel like it's my responsibility to maintain someone' else's fence. If that is the case, I need to know. That way I can make sure the two sides of the fence is painted to match mine.

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By MelissaP1 on 04/11/2022 4:18 AM
That is the question. Am I responsible for painting the "Inside" of my fence area? I didn't install the fence and don't feel like it's my responsibility to maintain someone' else's fence. If that is the case, I need to know. That way I can make sure the two sides of the fence is painted to match mine.

Oh the devil in me "Geraldine" aka Flip Wilson would paint my side of the fence pink with purple polka dots just out of spite.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
LetA that has crossed my mind... If it was put up by the HOA I would. Since individuals put up their own fences after permission do not think I can.

Our builder did not make our addresses consecutive. My neighbors are like odd numbers on left and even on right. They are just about random. So reporting it makes it difficult.That is why I do not think they a physical check.

Former HOA President

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