Common Use Trails and fencing

Started by TammyW3 • 4 replies • 1512 views

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TammyW3 (California)
Posts: 2

Posted:

I am a home owner in a HOA in California that is incredibly lucky to live in an equestrian planned community. We share miles of trails. My question is, do I have to maintain the fencing that runs along the common use trail? I am told by some that we own to the middle of the trail, and others say California law says that we only maintain our side of the fence and the HOA maintains the common use side.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tammy,

I would be surprised that this is addressed in state law; however your CCRs should certainly state who is resp. for maintaining the fencing. I believe it's the norm for the h/o to maintain their side of the fence (wall) and the HOA to maintain the side that borders common area. However, in my HOA we have a number of lakes and the CCRs state the member is resp. for maintaining the fence that borders the lake.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Tammy,

Does your Associations documents address this at all? Have you asked the Board if there is a policy covering fences?

If the documents are silent then State law should apply.

Tim

TammyW3 (California)
Posts: 2

Posted:

I am combing through with a fine tooth comb, but can not see anything. I have also started the ever-stimulating job of reading through civil code but can not find anything. Does anyone have a particular area I could focus on? Is there such a thing as how much of an easement is owned?

GlenL (Ohio)
Posts: 5,491

Posted:

Tammy my advice would be to go to a meeting and ask the Board, I would also ask them where that information is found. If you can't go to a meeting, write a polite letter of inquiry.

Studies show that 5 out of 4 people have problems with fractions

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