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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ChristineC1 (Florida)
Posts: 13
Posted:
We have a HOA in my subdivision of single family homes (it is not mandatory to pay dues to the HOA however). The dues, should you pay them, are $50 per year per house to maintain the common areas (entrances) and cul-de-sacs.

Our house is in the outer ring of the sub and our backyard backs up to a busy 25 mile per hour road that is the main road in and out of several subdivisions.

At the back of our yard, before the sidewalk on the busy road, is a split rail fence that was installed in all the yards backing the road when the houses were built 20 years ago.

The fence is 20 years old and looks like crap. It is splitting and is a splinter hazard for anyone to touch (like my children).

About 8 years ago, the HOA proposed replacing the fence and assessing houses that back the road some $600 and houses that do not have the fence on their property $50. Of course, the homes with the fence in the yard said no way! I also said no way -- if I am paying for a fence I am going to get one that I like and one that affords me some privacy, not another stupid split rail fence. The proposal went no where and they continue to use HOA money to "repair" the fence but have no money to replace it. As a matter of fact, in their yearly plea for the $50, they mention using the money to continue the fence repair.

I am truly wondering why I have to live with this crappy fence on my lot. If they have ownership of it, doesn't that mean that they should have been making provisions for it future replacement? I contacted the HOA president a few years ago and he suggested I plant trees such as arborvitae in front of the fence as a natural barrier. My question to him was why can't I replace it with a privacy fence -- he said that I am not allowed because it wouldn't match and suggested if I could get all the neighbors to agree on a fence we could do it. Well, that will never happen. Many homes have so much landscape in front of the fence they would never pay to replace it.

BTW, in an effort to make the fence look better, an old man down the street stained it on his property. He got a good tongue lashing for it (better that it all look the same even if it looks like crap I guess). At least 3 years have gone by and it does look terrible.

I do not have a copy of the by-laws (I know I should) but I wonder what anyone thinks of this. Should I just plant my arborvitaes and forget it???

MicheleD (Kentucky)
Posts: 4,491
Posted:

"If they have ownership of it, doesn't that mean that they should have been making provisions for it future replacement? "

You don't want to pay the assessment needed to take care of it . . . yet you want them to fix it. . .

With what, I wonder?

Oh well, if you really want to push it, contact your local board of zoning enforcement or Inspections, Permits and Licenses, or whatever arm of your local municipal government that inspects hazards and orders the owners to repair.

But I still don't know exactly what magic dust will make a brand new fence appear with no money.

At the very least I guess they could dismantle it.

Plant your shrubs and forget it.

No one's cared enough in 8 years to make it a priority, no need to start now. Decomposition and decay will eventually take care of it for everyone.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Who owns the property that the fence is sitting on?

Sounds like a new subdivision cosmetic addition that was put up when the homes were new, and there was never the intention that it become a permanent liability for the HOA.

Tell the Board to take it down (if they don't have the $$) or put up one that looks good, approved by all.

As it is now, it's blight and probably a danger to pedestrians.

PatrickH (California)
Posts: 204
Posted:
Hi Christine,

$ 50 per year in non mandatory dues will never generate enough money to replace the fencing, so that possibilty is out the window. Without madatory dues, the HOA has no idea how much income it will receive from year to year, so it can't make a budget and put away money for long term repairs or replacement for items such as the fence.

The association doesn't have the money and never will, the owners don't want to pay for it and never will.

You should do what most of your neighbors have done, plant your own bushes and shrubs on your property and forget about ever getting the fence replaced.

🎯 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