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Fence Repair Responsibility Clarification Guide

Published: March 10, 2025

Due to the recent storm last week, we have received numerous inquiries regarding fence repairs and who is responsible. We want to clarify these responsibilities to ensure all homeowners are aware of their obligations.

Shared Fences Between Neighbors
If you share a fence with a neighbor, it is a neighbor-to-neighbor matter that must be resolved between both parties. If an agreement cannot be reached, it may become a civil matter. The HOA does not mediate disputes regarding shared fences.

• Example: If the fence between your backyard and your neighbor’s yard is damaged, both homeowners need to work together to repair or replace it. The HOA does not determine who pays for what or enforce agreements between neighbors.

Fences Between a Homeowner’s Property and Common Areas
If your fence separates your property from a common area, the homeowner is solely responsible for the repairs.

• Example: If your backyard fence borders a community park, greenbelt, or HOA-maintained area, it is your responsibility to maintain and repair the fence, as it is not shared with another homeowner.

Legal Clarification
To provide further guidance, we consulted the association’s attorney.
• According to Article II, Section 2.27 of the Declaration, costs for the repair, reconstruction, or replacement of Party Wall Fences and Walls between Lots are to be shared equally by the Owners of those Lots. However, Article I of the Declaration defines a “Lot” as any subdivided portion of the property excluding Common Areas. Therefore, fences separating a homeowner’s Lot from a Common Area are not considered Party Walls. As a result, the homeowner is solely responsible for maintaining, repairing, and/or replacing the fence.

Enforcement and Violations
• Homeowners are required to maintain their fences in good condition.
• Failure to repair or maintain a fence may result in violations and possible fines.
• If a shared fence between two homeowners is in disrepair, both homeowners may receive violations until the issue is resolved.
Example Violations:
• If a fence bordering the common area is leaning, broken, or missing panels, the homeowner will receive a violation notice.
• If two neighbors have a shared fence that is falling apart and neither takes responsibility, both homeowners may receive violation notices until the fence is repaired.

We hope this helps clarify any confusion regarding fence responsibilities. If you have further questions, please refer to the governing documents available on the community website at https://trinitycrossinghoa.com/documents/governing-documents.aspx