Q: We live on a private road I put a fence along the road in 2002. Neighbor wants me to move the fence. what are my options
private road in a community with an hoa that does not collect dues or enforce ccr's, road has a not a county maintained road sign on it. Fence went up in 2002 and the posts have not been moved since along with landscaping and improvements retaining walls and concrete.
A: Dear HOA Member: My best recommendation in these situations is to obtain the names and email addresses of all the members of the HOA. Then notify them that you would like to call a Special Meeting (or, alternatively, ask the Board to call a Special Meeting if a Board is in place). The agenda for discussion items should obviously include the road situation (but, you may also identify other discussion points including the need to have regularly noticed and attended meetings a time or two per year, and any other business the other members may want to bring up). As for the road, you should consider asking the members to enter into a Road Maintenance Agreement whereby the rights and obligations regarding such things as fencing, maintenance, and use can be identified in a concise agreement (these agreements seem to work for other rural neighborhoods in and around other California counties where I have worked them up for the members). If that should fail (i.e. no interest by members in a meeting), then look to your Bylaws/CCRS and see if there's anything on point that could guide your response to the neighbor whom wants you to remove the fencing. JIM GREER is an attorney licensed to practice in CA and CO and has specialized in construction matters for the past 34 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
