HOA Vinyl Fence repair along property line

Started by KelvinK • 10 replies • 242 views

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KelvinK (Florida)
Posts: 1

Posted:

Hurricane Ian and Milton damaged our HOA Fence in 2022 and last year 2024. Two of our residents repaired the fence to the satisfaction of the board of directors and state and local codes at a cost of $25.00 per hour and materials used. The majority of the 5 member board want to employ the same residents to repair the fence again but a new board member says the residents do not have a " contractors license " or " Insurance " and they should not be employed for that reason.
The cost difference between hiring a professional Fence company or our two residents is half the cost or $6,500 if the residents do the repair / $13,000 + if the Fence company does the repair. Our HOA has a $1,000,000.00 liability insurance policy in affect.

I am a board member myself and not sure how to vote?

SheliaH (Indiana)
Posts: 6,964

Posted:

I always prefer to have professionals work on association property because they usually have the necessary bonds and licenses, if appropriate. People can do whatever they like to their own fence, but if the work isn't done right on association property, EVERYONE pays in the form of extra expense to make it right.

I also understand wanting to save money, but that's why board members like you are expected to do your due dilligence and get bids, as appropriate, ask for references and check them, ensure the contractors are properly licensed and bonded (if you don't know if that's necessary, call the city or county building department in your area - you can also check if specific vendors have the necessary credentials).

To wit - building a fence may seen simple, but if one of these homeowners were to get injured on association property, he or she could sue for personal injury. If he or she neglects to check for underground utility lines before digging and hits something critical, a large part of the community can end up without power, phone service, etc.

Put another way - if YOU were hiring someone to work on YOUR property, wouldn't you want to make sure you're getting the right person at a competitive price? If so, why cheap things out because it's a project for the common areas? If you can't or refuse to do that, get off the board and do whatever you want with your money. This is EVERYONE's money and you have to think differently.

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

LayaS (Nebraska)
Posts: 249

Posted:

Making repairs to an existing fence versus erecting a new fence are different tasks. I understand what Shelia is saying but in my previous HOA members repaired the common area fence frequently. They were board members. To my knowledge there was never any negative issue with that. It seems that these two members have proven they are capable of being competent in repairing a fence. But to Shelia's point an injury could have a costly impact. You have to ask yourself if taking that risk is worth saving the money.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SheliaH on 01/14/2025 11:26 AM
I always prefer to have professionals work on association property because they usually have the necessary bonds and licenses, if appropriate. People can do whatever they like to their own fence, but if the work isn't done right on association property, EVERYONE pays in the form of extra expense to make it right.

I also understand wanting to save money, but that's why board members like you are expected to do your due dilligence and get bids, as appropriate, ask for references and check them, ensure the contractors are properly licensed and bonded (if you don't know if that's necessary, call the city or county building department in your area - you can also check if specific vendors have the necessary credentials).

To wit - building a fence may seen simple, but if one of these homeowners were to get injured on association property, he or she could sue for personal injury. If he or she neglects to check for underground utility lines before digging and hits something critical, a large part of the community can end up without power, phone service, etc.

Put another way - if YOU were hiring someone to work on YOUR property, wouldn't you want to make sure you're getting the right person at a competitive price? If so, why cheap things out because it's a project for the common areas? If you can't or refuse to do that, get off the board and do whatever you want with your money. This is EVERYONE's money and you have to think differently.

Sound advice.

JeffT2 (Iowa)
Posts: 880

Posted:

Ask the workers to get a contractors license and Insurance.

ElleN (Idaho)
Posts: 1,333

Posted:

Quote:

Posted By KelvinK on 01/14/2025 10:41 AM

The cost difference between hiring a professional Fence company or our two residents is half the cost or $6,500 if the residents do the repair / $13,000 + if the Fence company does the repair. Our HOA has a $1,000,000.00 liability insurance policy in affect.

In Florida, I can almost guarantee that the insurer will not cover damage due to faulty work by the two uninsured et cetera amateurs.

It is common for CC&Rs to have certain requirements for contractors. I suggest you scour the HOA's covenants to see what they say about the hiring of contractors. Then report back here.

LoriM15 (Florida)
Posts: 1,009

Posted:

The 2024 changes to to FS 720 prohibit an HOA from requiring that contractors or workers be licensed to work in an owner's home. However, since this is on common property, I'm not sure if that part of the statue applies.

The insurance issue is a bigger deal. Even though they did a good job, I would not hire an uninsured contractor to work on common property. If there were an accident, I don't want to be a board member who was responsible for that decision.

JackieB4 (California)
Posts: 398

Posted:

Quote:

Posted By KelvinK on 01/14/2025 10:41 AM
Hurricane Ian and Milton damaged our HOA Fence in 2022 and last year 2024. Two of our residents repaired the fence to the satisfaction of the board of directors and state and local codes at a cost of $25.00 per hour and materials used. The majority of the 5 member board want to employ the same residents to repair the fence again but a new board member says the residents do not have a " contractors license " or " Insurance " and they should not be employed for that reason.
The cost difference between hiring a professional Fence company or our two residents is half the cost or $6,500 if the residents do the repair / $13,000 + if the Fence company does the repair. Our HOA has a $1,000,000.00 liability insurance policy in affect.

I am a board member myself and not sure how to vote?

A license + insurance are vital components. I suggest you get 3 more bids (different fence vendors).

CathyA3 (Ohio)
Posts: 6,299

Posted:

The difference in cost between the amateurs and the professionals is due to work quality (including warranties or guarantees), insurance, and any licenses required by your state or local municipality.

As we like to say around here, you get what you pay for and you don't get what you don't pay for.

Re: insurance, the amateurs probably are not covered by your HOA's master policy. This is why savvy boards only hire contractors who are insured.

This should scare the cookies out of you. If one of your amateurs gets hurt and sues the association, your insurer will say "nope, not covered". The cost of settling the claim will be paid *by the homeowners* out of their own personal pockets. And their homeowner's insurance may not cover this either. HOA master policies and homeowners' personal policies are written to work together so that there are no gaps in coverage.

Insurers are leaving Florida in droves. It's best to avoid giving them a reason to dump your association as a client.

DeanJ
Posts: 1,786

Posted:

Sure, and they could hire a licensed contractor and the work be lower quality than the owners would provide at a high cost.

Repairing a vinyl fence is involves a rather simple replacement of parts. The homeowners performed the previous work, if the quality was satisfactory, I would have no reservations about using them again because after suffering 2 storms the longevity of the fence is already diminished.

CathyA3 (Ohio)
Posts: 6,299

Posted:

As Lori noted, the real issue here is the lack of insurance. One uninsured casualty will wipe out whatever money you thought you were saving - and a whole lot more besides. It's the kind of decision that can bankrupt homeowners when things don't go as planned. It's also the sort of decision that gets boards sued, or at least kicked to the curb by the membership.

No responsible boards should be playing chicken with their association's financial well being.

It's time for some "come to Jesus" discussions with the board and with the membership about assessments and how money actually works.

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