HOA and exterior structures

[TomQPublic]

I am buying a PUD in Knoxville TN with regards to maintenance, the recorded covenants state that the HOA is responsible for maintaining the exterior and exterior structures. Is a privacy and protective fence considered an exterior structure in Tennessee? I purchased the property with a fence and it is not only for privacy but also protection because my lot has a steep embankment just outside the fence. This will be the fourth time I've replaced it with my own time and money. I'm getting too old to build fences. Thanks in advance for any information and guidance you may offer.

 

[quincy]

I am buying a PUD in Knoxville TN with regards to maintenance, the recorded covenants state that the HOA is responsible for maintaining the exterior and exterior structures. Is a privacy and protective fence considered an exterior structure in Tennessee? I purchased the property with a fence and it is not only for privacy but also protection because my lot has a steep embankment just outside the fence. This will be the fourth time I've replaced it with my own time and money. I'm getting too old to build fences. Thanks in advance for any information and guidance you may offer.

You should refer to your housing association documents or ask your HOA.

Did your purchase include the land upon which the fence sits?

 

[TomQPublic]

You should refer to your housing association documents or ask your HOA.

Did your purchase include the land upon which the fence sits?

Yes, I own the ground. The HOA CC&R only says exterior structures but provides no definition as to what those are.

 

[quincy]

Yes, I own the ground. The HOA CC&R only says exterior structures but provides no definition as to what those are.

I suggest you ask your HOA board for clarification.

The definition of “structure” can include fences - and sheds and swimming pools and tennis courts and docks and other accessory buildings - but does not necessarily include these.

 

[Zigner]

Generally, "structure" would mean "building" or other similar construct.

 

[Zigner]

I suggest you ask your HOA board for clarification.

The definition of “structure” can include fences - and sheds and swimming pools and tennis courts and docks and other accessory buildings - but does not necessarily include these.

I agree, except my leaning would be that a fence is not a structure insofar as the OP's question is concerned. Unfortunately (for the OP), this matter is not going to be resolved on an internet forum. The OP may wish to invest in a more robustly constructed fence...had he done so three fences ago, he'd be ahead of the game by now.

 

[quincy]

Generally, "structure" would mean "building" or other similar construct.

I looked at the definitions for structure in Rules of Construction for Tennessee. But the actual definition of structure as it refers to fences will depend on the HOA.

 

[Zigner]

I looked at the definitions for structure in Rules of Construction for Tennessee. But the actual definition of structure as it refers to fences will depend on the HOA.

I don't disagree

 

[quincy]

I don't disagree

And I don’t disagree with your suggestion that an investment in a more robustly constructed fence would be smart.

 

[zddoodah]

I am buying a PUD in Knoxville TN with regards to maintenance

What does "buying a PUD . . . with regards to maintenance" mean? Also, are you "buying a PUD" or buying a home located in a PUD? I assume it's the latter. Also also, it sounds like you already bought the home, not that you "[are] buying" it?

Is a privacy and protective fence considered an exterior structure in Tennessee?

If you're asking whether there's a statute in Tennessee that slaps this label on such fences, the answer is no. If the term "exterior structure" is defined at all, then the definition is probably found in the CC&Rs. If the CC&Rs don't define the term, then the HOA will define the term in the first instance. If that gets challenged in court, then the court would interpret the CC&Rs using ordinary English language definitions. Since something like this would probably never get to court, you're probably best off discussing the matter with someone on the HOA board, which you probably should have done after the first or second time you rebuilt the fence.

This will be the fourth time I've replaced it with my own time and money. I'm getting too old to build fences.

Don't take this the wrong way, but maybe if you hired a professional, the fence wouldn't have to keep being rebuilt.

 

[quincy]

The property has already been purchased/is being paid for.

 

[TomQPublic]

What does "buying a PUD . . . with regards to maintenance" mean? Also, are you "buying a PUD" or buying a home located in a PUD? I assume it's the latter. Also also, it sounds like you already bought the home, not that you "[are] buying" it?



If you're asking whether there's a statute in Tennessee that slaps this label on such fences, the answer is no. If the term "exterior structure" is defined at all, then the definition is probably found in the CC&Rs. If the CC&Rs don't define the term, then the HOA will define the term in the first instance. If that gets challenged in court, then the court would interpret the CC&Rs using ordinary English language definitions. Since something like this would probably never get to court, you're probably best off discussing the matter with someone on the HOA board, which you probably should have done after the first or second time you rebuilt the fence.



Don't take this the wrong way, but maybe if you hired a professional, the fence wouldn't have to keep being rebuilt.

They only allow a wooden slat fence, 6 feet tall. I used pressure treated lumber.

 

[quincy]

If the HOA “allows” only wooden-slat fences, it sounds as if the fence and its maintenance is the homeowner’s responsibility, constructed by the homeowner within HOA guidelines.

In other words, I am afraid you either have more years of fence building ahead of you, TomQ, or you should start looking for someone to do the rebuilding for you.

Because the task is becoming an unpleasant one for you, though, it is definitely worth clarification/verification from the HOA.

Good luck.