Neighbor's Fence Fell into my yard (Condo Ass. Owns)

[skidz]

What is the name of your state? MA
There is a 6 foot high privacy fence that borders my back yard that is owned by a condo association next door. The fence is a mess and is leaning on trees behind it. Panels have fallen multiple times into my yard and they're pretty heavy. I've been contacting them since March (now August) and they know about the issue. yet they still haven't come out to look at it, they tell me over the phone that they will fix in the fall when they have time but they refuse to return any calls when I try to find out exactly when they will fix it.

Bottom line - the fence is dangerous the way it is right now and there are children and pets in my yard all the time. What can I do to get these people to give this more attention? I have a feeling that if it was a visable fence in front of their condos that they would have had it fixed already. (the fence separates my back yard from an area that they use as some kind of water overflow. Its basically a nasty marsh area that the condo ass. created)
Thanks.

 

[moburkes]

Send them a letter stating that they have until X date (14 days from now) to remove their property from your yard, or you will dispose of it.

 

[skidz]

Here's where it gets tricky...I benefit from having a fence there since its all disgusting marsh land behind it. So I really want them to replace their fence instead of completely getting rid of it. It protects the kids and pets from wandering in there and getting hurt.

 

[moburkes]

No, there's nothing tricky about it. You can require them to repair the fence. They could take it down, if they'd like. You, on the other hand, are more than welcome to build your own.

 

[skidz]

Ya, I could build my own but it would be expensive. Its more oen of those principal things that they don't care if their property is a mess if it doesn't impact them directly. You are right though, if they decide to take it down I may be at a loss. I wonder if they are required to keep it up due to that wetland area they created. I may be out of luck with this whole thing. It is dangerous though, and if the fence panels ever fell on someone while they were in my yard I'm assuming they would be liable for those damages.

 

[rtrdtelco]

Safety Issue?

This sounds like a drainage pond area.
It seems to me that this is a safety issue.
Isn't the Condo Association required by the state, county or city to keep the fence in good shape, keeping small children out of the attractive dangerous pond area?
Maybe you could remind them of the liability issues with the fence being in bad shape?
Just my thoughts.
Steve

 

[skidz]

I am wondering if I should send them a letter and note that I crosscopied an attourney or something.

 

[Ozark_Sophist]

Is the storm drainage pond fenced on all sides?

 

[skidz]

It's not fenced in on all sides. But I know one of my neighbors has had problems with them and that water area. The area attracts mice and rats and she's complained about it but the condo area says its not their problem. The only other neighbor that borders that area has a real long yard and they aren't directly in front of the area so I guess they aren't bothered. But I just bought the house last year and ended up cleaning out my yard. When I cleaned out all the brush, thats when the fence became visable.