This is a question we get sometimes. Here is the simple answer…
Per our HOA’s governing documents, the owners whose lots abut (next to or have a common boundary with) the exterior perimeter fence are responsible for maintaining their side (the inner side facing their backyard).
The Neighborhood Declaration of Protective Covenants, Restrictions and Easements (the primary governing document) explicitly addresses this in Section 9.2 (Maintenance and Repair Obligations – By the Owners):
- 9.2.3: “The Owner of each Lot shall maintain, repair and replace as needed any fencing on their Lot…”
- 9.2.5: “…and maintain, repair and replace any fences on their Lot, except as otherwise provided in this Declaration.”
Fences are treated as Improvements on individual Lots (see Sections 1.21, 8, and 10.16). Owners must obtain Architectural Control Committee approval before installing any fence on their Lot, and they bear the full cost and responsibility for removal if required by easements or authorities (Section 10.16).
How This Applies to the Exterior Perimeter Fence
- The fence runs along the community’s exterior and borders specific owners’ backyards → it is on (or along the boundary of) those individual Lots.
- The Declaration divides maintenance clearly: the Association maintains Common Areas (landscaping, irrigation, roads, stormwater system, etc.—see Section 9.1), but does not list perimeter or boundary fencing as an Association responsibility.
- There is no exception carved out for “exterior,” “perimeter,” or “community” fences, and no provision for splitting responsibility by “outer vs. inner” side unless the documents expressly say so (they do not).
The fact that the HOA currently maintains the outer side is a voluntary practice or board policy for uniform exterior appearance (benefiting the whole community). It does not override the owners’ contractual obligation under the Declaration for the fence on their Lot.