• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fence and CC&R

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jeydee

Junior Member
What is the name of your state?CA

In a recent circular, the board of directors of our home owner's association has decided that each homeowner is responsible for the side fence on the right side of the lot when facing the lot from the street.

In the case of my lot, such definition (i.e. the fence on the right hand side facing the lot) lies within the NEIGHBOR'S property line, while the the one on the left is on my property line. I suspect the same applies to many other lots as well.

Hence according to the new board's definition I am responsible for my neighbor's fence, and my other neighbor is responsible for my fence.

Can the board make such a decision, or is it just a mere oversight? Can it be challenged?

Our community is governed by CC&R, but there is no such defintion is in the CC&R.

John
 


H

HomeGuru

Senior Member
jeydee said:
What is the name of your state?CA

In a recent circular, the board of directors of our home owner's association has decided that each homeowner is responsible for the side fence on the right side of the lot when facing the lot from the street.

In the case of my lot, such definition (i.e. the fence on the right hand side facing the lot) lies within the NEIGHBOR'S property line, while the the one on the left is on my property line. I suspect the same applies to many other lots as well.

Hence according to the new board's definition I am responsible for my neighbor's fence, and my other neighbor is responsible for my fence.

Can the board make such a decision, or is it just a mere oversight? Can it be challenged?

Our community is governed by CC&R, but there is no such defintion is in the CC&R.

John
Click to expand...
**A: is the decision legal ie, a vote was taken and passed per the CC&R's?
 
C

Ciarraine

Member
jeydee said:
What is the name of your state?CA

In a recent circular, the board of directors of our home owner's association has decided that each homeowner is responsible for the side fence on the right side of the lot when facing the lot from the street.

In the case of my lot, such definition (i.e. the fence on the right hand side facing the lot) lies within the NEIGHBOR'S property line, while the the one on the left is on my property line. I suspect the same applies to many other lots as well.

Hence according to the new board's definition I am responsible for my neighbor's fence, and my other neighbor is responsible for my fence.

Can the board make such a decision, or is it just a mere oversight? Can it be challenged?

Our community is governed by CC&R, but there is no such defintion is in the CC&R.

John
Click to expand...
The board cannot decide that you're responsible for maintaining property you don't own. Period. Bring this point up to them in a letter and see how they respond.
 
J

jeydee

Junior Member
HomeGuru said:
**A: is the decision legal ie, a vote was taken and passed per the CC&R's?
Click to expand...
Don't know. All it says in the circular is "with an approved motion by the Board of D..... The Board was in unanimous agrement on the passage of this change.
Can this decision actually overrule my right of ownership of the fence (since the fence lies in my property)?
 
C

Ciarraine

Member
jeydee said:
Don't know. All it says in the circular is "with an approved motion by the Board of D..... The Board was in unanimous agrement on the passage of this change.
Can this decision actually overrule my right of ownership of the fence (since the fence lies in my property)?
Click to expand...
No. The board cannot compel you or anyone else to maintain property that you don't, in fact, own. Send them a letter pointing out the error and ask them to clarify your particular situation.
 
S

stormee

Guest
Get you Land Patent updated and no one can tell you what you can do with your property.

No more property tax !
 
F

fallon

Junior Member
fence

So did you look up and find out about Land Patents.

You had an interest in Redemption.
You are on the wrong site for asking questions on Redemption---lawyers will never tell you the truth about it !

It's all about beign Sovereign.
 
H

HomeGuru

Senior Member
fallon said:
So did you look up and find out about Land Patents.

You had an interest in Redemption.
You are on the wrong site for asking questions on Redemption---lawyers will never tell you the truth about it !

It's all about beign Sovereign.
Click to expand...
**A: oh brother, another wacko patriot type.
 
H

HomeGuru

Senior Member
jeydee said:
Don't know. All it says in the circular is "with an approved motion by the Board of D..... The Board was in unanimous agrement on the passage of this change.
Can this decision actually overrule my right of ownership of the fence (since the fence lies in my property)?
Click to expand...
**A: then send your written request for further explanation and request that their response be in writing with the appropriate cite.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top