Who should repair this fence?

[Tomlinson]

There is a fence, which was built by the neighborhood builders, that runs along the back property line of 7 homes in our neighborhoood. It is not on a common area. The fence is on the property of those 7 homes.

It was damaged by a hurricane. The HOA wants everyone in the neighborhood to chip in and pay for repairs. (There are 21 total homes in the neighborhood)

I say that since the fence is on private property, each of those homeowners is responsible for the maintenence of the part of the fence that is on their property. I say it doesn't matter that the builders built it, the fence becomes theirs when they bought the house and property.

They say that the fence is the neighborhood's and that we are all responsible for its maintenene.

The neighborhood by-laws don't mention this fence specifically, only saying that repairs to common areas are the responsibility of the neighborhood.

I can provide more info if needed. Thanks in advance.

 

[FarmerJ]

If there are no formal easements given to a HOA board for the land the fence sits on then I do not see any logical reason for the 7 propertys to think they would not bear the cost of repairs alone. Use the services of a real estate atty to review all your docs and if needed to do a letter for you.

 

[Tomlinson]

I've never seen anything like it. It's almost like they're brainwashed to say "It is the neighborhood's fence." And I ask them, why do you think this? It's on private property, there is nothing in the by laws about it, why are you SO SURE that it's the neighborhood's fence to repair? They just say "it's common knowledge, we just know, this is what the majority agrees on".

I shouldn't have to pay for repairs to a fence on another's private property, regardless of the fact the builders built it. I'm not a lawyer. I just hope I'm not missing something.

 

[FarmerJ]

I guess you might start with them one by one and ask for proof that the fence is some kind of common element and offer to each that if they really think so then with out it in writting just what will they be willing to pay for that comes up im the future, start with others who do not have the fence , this myth of common knowlege needs to be put to death!!