Got this fence common with my neighbor's house. That neighbors are just tenants and they keep damaging that same fence. I fixed it two times already and the 3rd time, I asked HOA to take a look at it and perhaps fix it. However, the response I got is to contact the owner of my neighbor's house directly myself. Are these fence common between your house & a neighbor's house typically covered under HOA maintenance? If not, what is best recourse for me to make sure these neighbors will stop from damaging it since it happened few times already? I tried talking to those neighbors(tenants) but it seems they do not care. I tried calling the owner and he is not picking up. Need help and advise attorneys!
It depends on the HOA and the CC&R's. It sounds to me like you are in a single family home. But anything more than that would just be a guess. I would recommend reviewing your HOA's CC&R's. Property line fences are generally a joint responsibility. You may want to consider contacting the owners of the neighbor's property about the problem.
It may depend on who installed the fence, and what kind of development this is.
Generally, and assuming this is an HOA of single family homes, the HOA only provides and maintains fencing around the complex, not between the units. Generally those fences are the responsibility of the individual owners.
You will probably have little luck forcing the tenants to do anything. They do not have to listen to you. Your target would be the owner. He could force them to do something. Send him a letter via certified mail explaining the situation. Including a few pictures would help.
If he refuses to do anything, you may not have any choice but to file a lawsuit.
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