It is never appropriate for the association to set aside or expend association funds for assets the association is not responsible to maintain. If the fences belong to homeowners, expending association funds for maintenance would be inappropriate
Yet there are two exceptions to this rule.
- Where there is deterioration/neglect below community standards. In these cases, the association is responsible to maintain the asset, but bills the individual homeowner for the cost.
- Where the association has established a clear precedent of taking care of the asset for the good of the community. Therefore it may not be legally written in the association’s governing documents, but the expectation and the budget is established such that fences are maintained by the association. This may be for one of many reasons: the fences are high visibility and a uniform high standard of appearance is important, or perhaps there are significant economies of scale all owners enjoy when the association contracts out the entire project.