Wise? The HOA PAYS FOR only ONE SIDE OF the iron/STEEL fencing THEY MAINTAIN.
You wouldn’t go through a car wash with one window down would you? Let’s consider the value of painting only half a fence.
There are situations where the HOA’s CC&R’s show that they maintain only one side of the HOA fencing, whereas the interior portion, where a home exists, is sometimes “maintained by the owners”.
“ Can you really only paint half of an iron/steel fence? The short, technical, but correct answer is no, you can’t.” - Mark Avery
Your painters can prepare and paint three sides, but not exactly half. The HOA maintained side is still technically three views, leaving only one of four views remaining for the owner. The HOA is already doing, paying for 75%, not 50%.
So then owners are typically given an option to “maintain” their side of the fence at a per linear foot rate given by the contractor. They can choose to accept or decline the offer.
THE HOA SEEMS TO KNOW IT NEEDS TO PAINT ITS SIDE, BUT LEAVES IT AN OPTION TO PAINT OR NOT PAINT THE FINAL VIEW.
Maintained is a very ambiguous word that is used in a lot of CC&R’s though it is not a term that many lawyers like to use because there is no further definition of what that means and who get’s to decide when a surface is maintained or no longer maintained.
“In our opinion, there is not enough value in the long run for the HOA to not complete all views of the fence.”
Painting 3 sides of a square? If it’s open, it’s not closed.
Non-investment of owners to complete the painting the one small view of their side of the fence is like getting your car washed with one window rolled down. Any rust on their view can and will migrate into and under painted and repaired (welded) areas. The HOA is creating a situation where the paint coating is non-contiguous. Keeping out all the moisture and air out is integral to the performance of the iron/steel fence painting and to keep out future rust.
A non-contiguous coating can fail much more readily than a contiguous coating. That should not be warrantable as again, the coating is really nothing more of than an extended touch-up right? It’s not a complete, contiguous paint coating.
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