Fence Bordering HOA Community

Started by DianaC2 • 5 replies • 277 views

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DianaC2 (Michigan)
Posts: 3

Posted:

Our Michigan hoa is bordered by a fence. Our bylaws do not allow fences between neighbors. We have two outside neighbors who border the fence. We have asked our co-owners to clear vegetation growing on the fence for maintenance. Unfortunately, the two neighbors (non hoa co-owners) on the other side of the fence are not following this. I read an article that answers the question about who is legally responsible for the fence. The answer is that under the Michigan boundary fence law Act 34 of 1978 section 3.53 states "The owner of the real property who constructs a fence shall pay for the construction and maintenance of that fence." That fence was installed by the builder. The two outside houses were there before the hoa. In fact, they would not sell to the city, so the builder built the sub around these houses. How can we make them clear the vegetation growing on their side of the fence?

SheliaH (Indiana)
Posts: 6,964

Posted:

You said the builder put up the fence- do you mean the developer of your community or whoever built the non HOA owners' homes? If it was the developer, this fence (both sides) is now the association's responsibility and you may need to coordinate maintenance with those owners.

You didn't say 8f these homes were there before tge community was built, so the best way to resolve this might be to have a survey to determine exactly where the property lines are and whether that fence is within association property or theirs. if it's theirs, they should be responsible. It may be tge developer built the fence right on the property line, in which case, I think it would be fair for each side to take care of what's closest to them.

Has anyone talked to those homeowners to see 8f there's a backstory with the fence - this couldn't be the first time someone asked or argued about it. As to what you should do to resolve this, you could take legal action and have a judge sort this out or dplit the costs if a survey-whoevers found to be the true owner could then consider taking it down and replacing it in the right section.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is a sticky situation. Unfortunately, you may not be able to control what a neighbor does on the other side of the fence. However, if they do damage the fence then they may be on the hook for those repairs. The HOA could get a quote for repairs and send it to the neighbors. That may get the message through that they should maintain on their side.

Both my neighbors to the side of me put up fences not approved by the HOA. They are also NOT stained per the rules. I am not legally allowed to stain their fences even though they are on my property line. The side that faces the inside is the exterior of their fences. It is their job to maintain the fence. If I was to damage it, then I would have to pay for their damages.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

You need to know who owns the fence and who owns the property that it sits on.

If the HOA owns the fence and it sits on HOA property, then the HOA handles maintenance including weed removal.

If the fence is right on the property line - which is questionable, otherwise the developer would have had to negotiate some kind of easement agreement since bits of the fence would actually be on the two non-HOA members' property - then things get harder. Without an easement agreement and if the local municipality has no laws about property maintenance, then I don't see how HOA has any standing to tell the two property owners what to do.

If the board can get an opinion from the HOA attorney without spending a whole lot of money, I recommend seeing what the lawyer says about this. But you'll have to decide whether the ugliness of the weeds justifies the money you'll spend trying to get rid of them (assuming this is even possible).

JackieB4 (California)
Posts: 398

Posted:

Quote:

Posted By CathyA3 on 06/08/2024 4:49 AM
You need to know who owns the fence and who owns the property that it sits on.

If the HOA owns the fence and it sits on HOA property, then the HOA handles maintenance including weed removal.

If the fence is right on the property line - which is questionable, otherwise the developer would have had to negotiate some kind of easement agreement since bits of the fence would actually be on the two non-HOA members' property - then things get harder. Without an easement agreement and if the local municipality has no laws about property maintenance, then I don't see how HOA has any standing to tell the two property owners what to do.

If the board can get an opinion from the HOA attorney without spending a whole lot of money, I recommend seeing what the lawyer says about this. But you'll have to decide whether the ugliness of the weeds justifies the money you'll spend trying to get rid of them (assuming this is even possible).

Cathy, beautifully summarized. Fences are a chronic issue in many HOAs.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

My opinion is the HOA should maintain the fence if it was installed by the HOA's developer as the HOA board wants it maintained. The HOA's opinion as to vegetation removal is not valid outside the HOA community and non-HOA members would relish ignoring it.

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