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JudiF2 (Oregon)
Posts: 2
Posted:
I moved into this hoa 11 years ago, beside my property line is a cyclone fence that was rented or leased during building phases. the fence needs replaced but is not on y property, the hoa wants me to replace this fence only on my perimenter is this legal?
SheliaH (Indiana)
Posts: 6,964
Posted:
Most of us aren't attorneys, so you'll need to talk to a private attorney about your options. Anyobe can ask for anything, but that doesn't mean theyre automatically in the right, so you need to do a little research. Start with the following questions...

Who rented this fence? Has the HOA ever asked you to maintain it before? Have you maintained the fence yourself during the past 11 years? Have they spoken to whoever put up the fence? Is there anything in your sales documents that states you're responsible for this section of fence (start with this question first)? I assume this is a long fence which may border the property of your neighbors- Have you asked them if they've also received this letter?

In short, check your documents, talk to your neighbors and ask the HOA to prove you're responsible for the fence. This may mean someone needs to check tgec property lines again. You might also consider getting together with the neighbors who received the same letter and all of you can get the same answer. Or work together to compel a response from the HOA.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By JudiF2 on 05/29/2025 8:16 PM
I moved into this hoa 11 years ago, beside my property line is a cyclone fence that was rented or leased during building phases. the fence needs replaced but is not on y property, the hoa wants me to replace this fence only on my perimenter is this legal?

It might be legal. I would request the HOA to provide documentation establishing your responsibility to replace the fence. Normally this would be in the declaration.

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