Neighbors nearest to busy road want HOA to build a fence

Started by BrettH3 • 5 replies • 109 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BrettH3 (South Carolina)
Posts: 47

Posted:

We are in South Carolina and the neighborhood was built 13 years ago. The front of the neighborhood backs onto a very busy road and those houses built nearest were heavily insulated so they’re silence inside. Unfortunately, the backyards are not, and the sound of the cars is ever increasing. Now about a dozen neighbors have asked the HOA to build a sound wall that will also protect their backyards if a car should drive off the road. These homeowners expect the HOA to pay for it out of community funds.
I protested and said the homeowners knew they backed onto a busy road when they bought and if they want a fence they should pay for it themselves. The wall would only benefit at the most 20 houses out of 160.

MarkM19 (Texas)
Posts: 1,459

Posted:

Brett,
I am guessing the original developer is long gone by now. Was there ever any plan for a sound wall ever mentioned on any documentation? Was a budget line item ever on any of the past budgets? Is the City or the county aware of this noise issue? Many times, developers have to pay the City funds before permits are issued for roadway expansions that are set aside for your development and if this is your case they may be who these owners need to complain to for answers.

You are correct that they should have known where they had these houses built and what could possibly happen with traffic which never get better only worse.

BrettH3 (South Carolina)
Posts: 47

Posted:

Yes, the developer is long gone, and this was never negotiated with DOT. No line item in the budget for a wall, they want it to come from the HOA funds which means all the homeowners would be contributing to benefit a score of homeowners.

MarkM19 (Texas)
Posts: 1,459

Posted:

Brett,
Thanks for the reply. I also would like your board to spend some money on my home in Texas. I doubt that request will be honored either or go much further. My last board in Ca. had a strict n parking on the street policy and because it was private streets we could enforce it. Many homeowners would come in front of our board and say my driveway is too small and I have more cars that need somewhere to park. I would answer similar to what you said in your original post. The driveway was the same size the day you bought the home. It is not the boards problem or the HOAs to fix.

Buyer beware and case closed.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

While I think those homeowners should certainly ask for a barrier wall, it's not incumbent on the current HOA membership to fund or consider the request. My assumption is that those homes' property lines terminate at the point where the state road, and Transportation Dept maintenance oversight meet with no HOA-controlled land in between.

And yes, it was those homeowners' choice to purchase those lots under those logistical circumstances. They may be better served to contact the state transportation department OR work with HOA on any variances those owners might need to install private fencing or tree plantings along the property lines.

But no, the community should not fund this request or debate it.

DeanJ
Posts: 1,786

Posted:

When I bought in an HOA. I purchased a premium location. What made it premium? Is located next to an open common area and provided more on street parking access for guests. This is common in developments for some lots/units to be premium (located in very desirable locations) standard and less desirable. Even if there were no premium lots in your development. the undesirable sell last at discounts. When the units are built on the substandard locations, the value of those homes are never the same value as the standard lots. Basically, these owners are asking everyone to pay for a capital improvement that will increase the value of their property.

Absent a direct contribution from those affected units, the HOA should not be paying for this improvement. Estimates are free and the board could get an estimate and complete the project after each affected owner signs an agreement to pay for both the installation and future maintenance with those agreements applying to future owners. Yes, you need an attorney for that .

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here