Valley Springs, CA asked in Real Estate Law and Land Use & Zoning for California

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.

1 Lawyer Answer
James A. Greer
James A. Greer
Answered
  • Real Estate Law Lawyer
  • Boulder, CO
  • Licensed in California

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

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