People look forward to erecting their very own fence for privacy, safety, security and curb appeal. What they may not realize is that their neighbor might also has a stake in the fence and it may be considered shared property. It’s just one of the reasons that individuals need to thoroughly explore their community’s laws regarding fences prior to contacting a contractor.

The first thing to establish is exactly where their property line runs. That means the property will have to be surveyed. Some municipalities allow fences to be installed directly on the property line, meaning its shared property.

Other locations have a setback rule, indicating that it has to be installed back away from the property line. That would mean relinquishing up to 12 inches of an individual’s usable lawn space. However, if the fence rests entirely on one side of the property line, it belongs to the person that installed the fence.

Depending on the community, individuals may have to notify their neighbor of their intent to install a fence. If fencing is considered shared property, it’s a good idea to inform the neighbors of pertinent laws, especially since they’ll be equally liable for the structure’s upkeep.

It’s a responsibility and expense a neighbor may not be prepared to shoulder for any number of reasons, particularly since they won’t have any say in what type of fence is being installed. A fence isn’t so much of a problem if it’s just going across the front of a property. For those enclosing their entire yard, they’ll have to notify any neighbor whose property adjoins where the fence will be constructed.

If it’s a shared fence, neighbors will have the right to cut tree branches, trim bushes, and address problems with plants that may be infringing on the structure, as long as it’s on their side of the fence – even if it’s a prized possession of the person who installed the fence.

For individuals that want a more regimented approach to their community, a house covered by a home owner’s association (HOA) offers a number of benefits. They can provide amenities, a means of controlling property values, and they may take care of chores such as mowing. An HOA also comes with a variety of rules and regulations.

HOAs are very meticulous about their guidelines and have no problem enforcing them which can result in a hefty fine. It’s critical that individuals know the rules in their community before erecting a fence or making any major changes that have the potential of running afoul of the HOA. Always obtain written HOA approval before initiating any changes.

Fencing

There will be rules governing the height of a fence, the type of materials that are acceptable for use, and even regulations as to if you can install a fence at all. You could face fines for every day that the fence violates HOA rules or you could be forced to move it, alter it, or completely take it down.

Paint

If you’re looking to add a little distinction with a colorful new door or other outwardly visible change – think again. HOAs view violations of conformity, appearance, overall style and aesthetics very seriously.

Holiday Decorations

Another common area in which HOAs regulate the environment is through holiday decorations. An HOA will have guidelines for when holiday decorations can go up, when they must be taken down, and the type of decorations that are allowable. The HOA will determine the hours during which the lights can be operated and sound levels for animated or inflatable decorations.

Pets and People

The breed, size and number of pets allowed will be strictly enforced, while some HOAs ban pets of any kind. There will also be restrictions in place as to the number of people that can occupy a home and the length of time that someone can stay for an extended visit.

Other Guidelines

HOAs typically have rules about where trash receptacles can be stored, their placement when it’s time for trash pick-up, how long they can be left in sight, and recycling. If you live in an HOA, there will be regulations about where you can park vehicles and a pass may need to be requested for visitors. Don’t forget to keep up the HOAs maintenance standards on your home and fence.