On the Fence

[maggielouwho]

What is the name of your state?What is the name of your state?Massachusetts


I own a condo in a small association. The condo documents states that yard is apart of the common area. The master deed states the comon area is " subject to the exclusions listed further on in the document. Among the exclusions is the following: "The owner of unit 3 exclusive use and exclusive obligation to maintain said garden". Other than this exclusion no where in the documents does the master deed make any reference to the fence or owner ship of the fence. As you might expect this fence encloses the garden, with a gate at the walkway. The other owners only have the right of way for passage to the front door.

The fence has fallen down and has become a liability to everyone concerned.

The owners of the third floor insist the fence is the responsibiltity of the association.

I do not believe the association is obligated to pay for the new fence. Are we?

[HomeGuru]

Originally Posted by maggielouwho

What is the name of your state?What is the name of your state?Massachusetts


I own a condo in a small association. The condo documents states that yard is apart of the common area. The master deed states the comon area is " subject to the exclusions listed further on in the document. Among the exclusions is the following: "The owner of unit 3 exclusive use and exclusive obligation to maintain said garden". Other than this exclusion no where in the documents does the master deed make any reference to the fence or owner ship of the fence. As you might expect this fence encloses the garden, with a gate at the walkway. The other owners only have the right of way for passage to the front door.

The fence has fallen down and has become a liability to everyone concerned.

The owners of the third floor insist the fence is the responsibiltity of the association.

I do not believe the association is obligated to pay for the new fence. Are we?

**A: the fencing is a limited common area of which the HOA is liable for.
The HOA should hire an attorney to review the CC&R's and provide a legal opinion.

[maggielouwho]

Would that mean we would also owe them a new roof deck if that should be neglected and fall apart? The same language is used to give them the rights to the roof deck.

While I am willing to make certain that the roof is kept up as it is integral to the building, and the walkway as part of the yard. I don't see the logic behind the HOA being responsible for the fence which has no integral part of the structure of the building or its operation. It simply keeps the dogs out of their garden. ( and since the gate is always open it does not even do that.)

[HomeGuru]

Originally Posted by maggielouwho

Would that mean we would also owe them a new roof deck if that should be neglected and fall apart? The same language is used to give them the rights to the roof deck.

While I am willing to make certain that the roof is kept up as it is integral to the building, and the walkway as part of the yard. I don't see the logic behind the HOA being responsible for the fence which has no integral part of the structure of the building or its operation. It simply keeps the dogs out of their garden. ( and since the gate is always open it does not even do that.)

**A: thanks for sharing**************..