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Can the HOA abandon responsibility for the fence?

HOAs are organizations created by homeowners or developers who build a neighborhood to serve the community's shared interests. Homeowners pay fees that are often used to maintain shared spaces, such as parks, pools and community meeting rooms. Each organization writes its own bylaws, which outline what the organization will and won't pay for.

For Aldridge, it's the sudden change that frustrates her the most.

“It just upsets me so for them to say that's not my fence, that's your fence now,” Aldridge told reporters. “But it hasn't been my fence.”

She's already been working with her next-door neighbor to repair the fence between their yards, but she's unsure how she'll fix the fence that borders the park.

HOA bylaws, which all homeowners should have access to, outline what they do and do not cover. In this case, the fence may be classified as a limited common area, which may fall under the responsibility of both the HOA and the unit owner. But right now, it's unclear if the HOA will end up covering the cost of the fence, as it failed to respond to calls from KHOU 11 News.

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What are Aldridge's options?

Aldridge may be on the hook for the cost of repairing the fence, but there are options she or others in her position can consider.

The first step is to get a copy of the HOA bylaws and review them. These documents typically outline what areas the HOA is responsible for maintaining and outlines procedures for a dispute.

You can also request a formal HOA meeting to discuss the issue with the board that oversees the HOA. If the board remains unresponsive, you can file a formal complaint following the process outlined in the bylaws. Document all communication, including the dates and times of your calls or emails, and submit that documentation with the complaint.

If the HOA is unwilling to respond and the bylaws support your case, you may then want to seek legal counsel. While no Texas state agency oversees property owner associations, there are laws they must follow. Reviewing these laws and seeking legal assistance may help.

If you have homeowners insurance, it may cover damage caused by a storm, though exclusions for "wear and tear" are common. For more minor damages, like Aldridge's fence, it may be better to pay for the repairs out of pocket to avoid a rate increase.

Finally, you can explore alternative funding options. If you're responsible for a repair you can't afford, consider applying for local assistance programs. Local organizations and disaster relief organizations may offer financial support for home repairs following natural disasters.

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Danielle Antosz Freelance contributor

Danielle Antosz is a freelance contributor to Moneywise.

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