Stephanie T’s post made me think of a question: I have an end unit townhouse whose common sidewalk floods due to grading issues that are slowly being resolved by the HOA however this problem has been going on since I’ve owned the property. My wonderful fence has been used to get across the flooding and is showing the wear. I was cited by the HOA because the joist is coming apart but have told the property manager that until I get proof that the grading is fixed I am not replacing the fence just to have it destroyed. I wanted to take it down completely until I found out that you can only have it down for a month
So two fold question:
Do I fight with the HOA over waiting to replace the fence?
And replacing it is not due to normal wear and tear-shouldn’t the HOA help with the cost?
Do you have to have a fence or can you grow shrubs there instead?
A hedge of barberry is like natures barb wire.
Birds and rabbits love it, but it's thorns will definitely make sure no one messes with it.
If you have to have a fence, pick one that's hard to grab a hold of.
Legally if your property is damaged due to someone else's negligence, they are responsible for repairing the damage. (That's the way it is here; not sure about VA.)
I would check the law regarding property damage, then contact the HOA and tell them they are responsible for fixing the fence because it was damaged by the grading issue.
I'd take it down until the flooding issue was fixed. If there is no way across, I bet the issue will get fixed sooner rather than later.
LBC
You don't say but, the ownership of the fence needs to be determined. Is it on your property or is it HOA property but your responsibility to maintain?
If it is yours completely to maintain, then I would use it as leverage to repair the drainage, remain in constant contact and cordial, but inform them of your intention to not repair the fence until the drainage is fixed.
But bottom line is whose property is the fence on.
We recently found out the HUGE brick wall at the back of our property in our subdivision is on OUR property and OUR responsibility....
Is your HOA run by a board of people who live there or is it run by an outside company? If it's run by the group of homeowners I would go to the next meeting and state your case. They should have an idea of what's going on and may sympathize and help with the cost. If it's run by an outside company see what the steps are to speak with someone in charge and not the property manager. Take pictures the next time it floods to show what's going on and the damage that is occuring to the fence. If they don't agree with you get some backing from your neighbors. And read up on your HOA rules. There may be a clause that says you are responsible for your fence regardless of anything else going on.
I would talk to the members on the HOA board and explain what’s going on. Tell them you are planning on replacing/fixing the fence once the grading problem is resolved. If you need to take pictures of people going over your fence so they will also see why it is being damaged.
The HOA's have good lawyers working for them so IMO it's not worth fighting (you will end up paying more with legal costs). As for making the people climbing over the fence pay, you need to catch them in the act and call the police for trespassing.
My HOA is very strict, but they will always first work with the homeowners to resolve any issues.
Hi, Fun:
What kind of research have you done on this issue?
Get the facts, then present them.
Good luck.
Thanks for holding them accountable for
their actions.
D.
