New homeowners or those that are not familiar with this topic can click on the links below for historical content.
- July 25, 2017 Letter to Homeowners
- April 8, 2019 Letter to Homeowners
- May 2019 Board Meeting Minutes
- October 14, 2019 Letter to Homeowners
Relevant Governing Documents
The Declaration (CC&Rs) provisions make it clear that if the Association wants any improvement on the Common Area, including a boundary line fence, then the Association can have it installed and it is obligated to maintain it. (See Sections 4.3 and 6.9). The construction and maintenance costs are then common expenses to be borne by the Association.
Below are links to the relevant sections of our Governing Documents that have been identified by our legal counsel as establishing Association responsibility for the common area cedar fence along Floating Feather.
Section 4.16 of the Architectural Design Guidelines governs fences. Subsection (A) allows, but does not require, an owner on a Type A Lot to install a wrought iron fence five feet (5’) in height. Subsection (C) requires an owner of a Type B Lot abutting a Common Area to install a five-foot (5’) wrought iron fence when the Common Area boundary separates the Lot from a street or road. Finally, subsection (D) allows, but does not require, an owner on a Type B Lot abutting a Common Area to install a five-foot (5’) wrought iron fence on the boundary line with the Common Area.
Section 4.2 of the Declaration grants owners the easement to enjoy the Common Area, subject to the Association’s right to “borrow money for the purpose of further improving Common Area . . . .”
Section 4.3 of the Declaration authorizes the Association to “further modify, improve or equip the Common Area for the benefit of the Owners . . . .”
Section 6.9 of the Declaration provides that the Association is “responsible for exclusive management and control of all Common Area.” It further provides that “[a]ll water diversion facilities, waterways, pumps, ponds, structures, landscaping and other improvements and equipment situated on or included in Common Area” are to be kept in good condition and repair by the Association.
Section 8.1 of the Declaration requires Lot owners to obtain ADC approval before building any improvement, including fences, on a Lot. (See also Sections 3.2 and 3.3 of the Declaration). Sections 3.17, 3.18, and 3.20 also prevent the construction of any fence that interferes or impacts the established drainage pattern on a Lot, as well as in any floodplain or the Riparian Easement.
Section 7.3 of the Declaration allows the Association to levy a special assessment for the purpose of defraying unanticipated costs of Common Area improvements.
Section 7.4 of the Declaration describes how assessments are apportioned to each homeowner.
Section 7.5 of the Declaration defines time frames and interest for special assessments levied by the Board of Directors.