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HarryC3 (Texas)
Posts: 1
Posted:
Our neighborhood is about 30 years old and has a perimeter wall made of brick that the HOA owns and maintains. The wall was showing its age and last year the HOA began replacing the wall in phases. The issue is that we just completed the last 300' of the project, and one of the neighbors is complaining that the new 70" wall is 8" shorter than the original wall.
The question is, are we under any obligation to replace the wall back to its original height?
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MelissaP1 (Alabama)
Posts: 13,836
Posted:
You the Hoa owns it. It is being replaced to new standards and design. Does not need to fit one perso ideas. It is for all.

Former HOA President
BillH10 (Texas)
Posts: 1,217
Posted:
Harry

There may be language in the Declaration of your Association regarding the height of perimeter walls, your city may also stipulate minimum and maximum heights. You should review the Declaration and/or speak with the city--perhaps the office which issues building permits or code compliance.
BillH10 (Texas)
Posts: 1,217
Posted:
Harry

There may be language in the Declaration of your Association regarding the height of perimeter walls, your city may also stipulate minimum and maximum heights. You should review the Declaration and/or speak with the city--perhaps the office which issues building permits or code compliance.
MarkM19 (Texas)
Posts: 1,459
Posted:
Harry,
This is a interesting post. We also have a border fence in our large HOA. We are 1450+ SFH and we have about 2 miles of a similar fence that we also maintain. We have had similar settling and structural issue as some of the fences are reaching 20 years of age. In our case we only found 2 vendors in Central Texas that make the concrete molds that match our existing walls.

Since these walls are owned and maintained by the HOA I would imagine that the replacement would be of the boards choosing. The owners who share this fence did not get to pick this fence when they bought the property from the builder/developer or last owner.

In our development ours DADs do not mention border wall specifications and I doubt yours does as well. The City or County may have guidelines or specification for this type of border wall. I know that most HOAs in our area have these walls in similar HOAs.

Look forward to other comments and please follow up with how this gets resolved.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By HarryC3 on 05/17/2023 8:27 PM
Our neighborhood is about 30 years old and has a perimeter wall made of brick that the HOA owns and maintains. The wall was showing its age and last year the HOA began replacing the wall in phases. The issue is that we just completed the last 300' of the project, and one of the neighbors is complaining that the new 70" wall is 8" shorter than the original wall.
The question is, are we under any obligation to replace the wall back to its original height?
I think a bigger issue is why no one said something sooner.

Assuming proper open meeting requirements were followed, I think whoever is complaining should think long and hard before considering any legal action.
BillH10 (Texas)
Posts: 1,217
Posted:
Harry, why is the neighbor asking this question?

Does it have to do with the fact some lot fences which intersect the HOA perimeter walls are now taller than the new perimeter walls? The pictures you attached do not identify that as an issue but perhaps it is for other owners.

We managed an association in Plano some years ago and managed the replacement of the brick perimeter walls. The lot fences which intersected the perimeter walls could be of various materials and heights but had to meet the following conditions when built:

1. If the same height as the perimeter wall, no issue.

2. If taller than the perimeter wall, the lot fence had to "step-down" to the height of the perimeter wall over the last so many specified feet of the fence run.

3. If shorter than the perimeter wall, the lot fence had to "step-up" to the height of the perimeter wall over the last so many specified feet of the fence run.

Are those fences which formerly were the same height as the perimeter wall now taller? And possibly unsightly? Is the Association asking the owner(s) in those instances to conform the height of the lot fence to the new perimeter wall height through a step down process described above, at owner expense?

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