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New home build, HOA requires new fence and gate, who pays??

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Latest post Thu, Oct 30 2014 12:50 AM by JoelCTS. 10 replies.
  • Fri, May 2 2014 12:29 PM

    • Dwmckie
      Consumer
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    • Joined on Fri, May 2 2014
    • OK
    • Posts 1

    Question [=?] New home build, HOA requires new fence and gate, who pays??

    We live in a small gated residential community in Oklahoma with a new HOA.  Our home has an empty lot next door to us that is now being prepped for new home construction.  The builder has informed us that the wooden fence we installed about three years ago (to bring us into compliance with the covenant and bylaws) will have to be partially removed, as the new home will be build flush to the property line, making that section of fence unnecessary.  I can understand that, and have no problem with that.

    However, since a new home will be built next to our home, the covenant and bylaws require that a fence and gate be built between the two homes.  This fence and gate is not a boundary gate between the properties, but would be perpendicular to the property line.  Since the new home will be built flush against the property line, this new fence and gate will be entirely on our property and will allow us access to the back of our property.

    I was informed that we would have to pay for this new fence and gate to be built.  My question is if I should be liable for such.  This would be a new fence and gate that we have neither desired nor requested, and seems to be required by no action on our part, but by the act of a new home being built next door.  Do I have justification to dispute this?

    David

     

  • Fri, May 2 2014 12:51 PM In reply to

    Re: New home build, HOA requires new fence and gate, who pays??

    Dwmckie:
    Do I have justification to dispute this?

    In my lay opinion:  yes.  Their construction is not at your expense.

    Dwmckie:
    I was informed that we would have to pay for this new fence and gate to be built. 

    Informed by who?  The builder?  The HOA?  The other property owner?  My answer would be if you are going to build FLUSH to the property line and disturb the fence I have that is in compliance then they do so at their expense not mine. Otherwise they can move their new home off the property line so as not to disturb the fence in place.

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Fri, May 2 2014 1:35 PM In reply to

    Re: New home build, HOA requires new fence and gate, who pays??

    Dwmckie:
    Do I have justification to dispute this?

    Agree with CM.

    Just say "NO."

    Then stop talking.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, May 2 2014 2:49 PM In reply to

    Re: New home build, HOA requires new fence and gate, who pays??

    Dwmckie:
    I was informed that we would have to pay for this new fence and gate to be built.  My question is if I should be liable for such.  This would be a new fence and gate that we have neither desired nor requested, and seems to be required by no action on our part, but by the act of a new home being built next door.  Do I have justification to dispute this?

    I don't know, because I have not read the HOA CC&Rs, bylaws, etc. It's quite possible that you might have to pay for it even though the need for it is prompted by the new home. While I understand the reactions by AdjusterJack and ClydesMom that you SHOULDN'T have to pay for it, that doesn't really answer the legal question of whether you are actually obligated to pay for it. I suggest you take a copy of the relevant documents to a local real estate attorney familiar with HOAs for a real legal opinion on this.

  • Fri, May 2 2014 5:00 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on Mon, Oct 8 2001
    • TX
    • Posts 7,875

    Re: New home build, HOA requires new fence and gate, who pays??

    Dwmckie:
    Do I have justification to dispute this?

    Before I worried about disputing my need to pay for anything, I would be studying the CC&R's for the HOA and become intimately familiar with building lines, who is responsible for fences/gates and whether a fence/gate is required, etc.  I would immediately focus on the ability of a homeowner being allowed to build to the property line.  I have a hard time believeing that anything permanent structure (house) could be built to the property line, but that may be allowed in your HOA.  How about any setback requirements in your city/town?  Check it out.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Fri, May 2 2014 5:23 PM In reply to

    Re: New home build, HOA requires new fence and gate, who pays??

    Dwmckie:
    the new home will be build flush to the property line

    That's awfully unusual for non-urban residential property (and often prohibited by zoning laws).

     

    Dwmckie:
    However, since a new home will be built next to our home, the covenant and bylaws require that a fence and gate be built between the two homes.  This fence and gate is not a boundary gate between the properties, but would be perpendicular to the property line.  Since the new home will be built flush against the property line, this new fence and gate will be entirely on our property and will allow us access to the back of our property.

    More than a little difficult to understand this.  The fence/gate will exist between your home and your neighbor's home but won't be between the two properties?  And instead will be perpendicular to the property line and entirely on your property?  Huh?

     

    Dwmckie:
    I was informed that we would have to pay for this new fence and gate to be built.

    Informed by whom?

     

    Dwmckie:
    My question is if I should be liable for such.  This would be a new fence and gate that we have neither desired nor requested, and seems to be required by no action on our part, but by the act of a new home being built next door.  Do I have justification to dispute this?

    We have no possible way of knowing because (a) we don't know the basis on which some unknown person told you that you have to pay for the fence, and (b) we haven't read the CC&Rs applicable to your home.

  • Fri, May 2 2014 6:03 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: New home build, HOA requires new fence and gate, who pays??

    More homework,

    It is not all that common that one can build at a 0 clearance .Dig into both codes/zoning as well as CC&RS 

    And the roof overhang is how big and on your side?  If CC&RS  requires a property line fence then that sort of mechanically says.  They cannt  build in same space as the fence?

     

    Why is this your problem to solve..

     



  • Fri, May 2 2014 10:55 PM In reply to

    Re: New home build, HOA requires new fence and gate, who pays??

    "the new home will be build flush to the property line, making that section of fence unnecessary. I can understand that, and have no problem with that."

    Not sure why you would have no problem with that.  Where will the rain water from their roof be channeled?  Will the neighbor have to trespass on your lot to do any maintenance on that side of the home?

    As others here have pointed out, in an HOA there are two entities that set rules for minimum setbacks - the HOA and your city, or if you are not in a city, then your county.  The more restrictive of the two determines where the home can be built.  Are you sure that both the HOA governing documents and your local zoning laws allow your neighbor to have no side setback?  Zero setbacks are rare, except in a townhome development.  Since your home is not on the lot line, it seems to us it is not a townhome - ?

     

  • Sat, May 3 2014 6:38 AM In reply to

    • kfr1960
      Consumer
    • Not Ranked
    • Joined on Sun, Mar 9 2014
    • IA
    • Posts 24

    Re: New home build, HOA requires new fence and gate, who pays??

    im with the majotity here.allowing building right to the property doesnt sound proper or legal. theres usually  set back rules/ codes  in effect most everywhere . who would even want to build on a property line? this just asking for problems and disputes.. they better know exactly where the property line is or there will surely be litigation if the line is encroached even by a few inches. or building on line causes water drainage or runoff issues and you end up with a basement or garage full of water. any good homebuilder will eather pitch  or tile or both around a house so rainwater runs away from your  house. . i dont know how you can if there building right up agianst your  home.  who pays for a fence and gate is the least of your worrys the way i  see it . get the county  or an attorney involved if the hoa is allowing this to go on .the subdivision where i live  required 1 acre lots and subdivding the lots not allowed, with 50 ft set backs and  building 15 ft off property lines. besides all of  that , fences are NOTallowed  to be built  between homes and permanent clothes lines  are not allowed.retractables only kind allowed. i dont like to be told what i can and cant do with my property but these rules preserve the neighborhoods  integrity, harmoney  and character and eliminates eyesores, so the neighborhood doesnt turn into a ghetto, which is why i decided to move into a hoa subdivision and pay  yearly fees in the first place. another thing to consider, how will this home there building up agianst yours going to affect you propertys value ? it cant be good . 

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