QUESTION: Who is responsible for maintaining the wooden privacy fences and the perimeter fences and wall that define the side and back borders of each individual home in the Springs?
ANSWER: The responsibilities and other details for the individual lot wooden privacy fences are provided in Article VIII, Fences. The “public view” portion of the Article refers to those portions of the privacy fence that can be seen from a Springs street. The metal fences that were installed by the developer (“Declarant”) as part of the solution to the drainage problems experienced by the lots across from the Springs park are the responsibility of those lot owners to maintain. The mortar perimeter wall along Stone Oak Parkway and the split rail fence at the neighborhood park are maintained by the HOA, while the wooden fences along the perimeter border of the neighborhood (behind Pearl Spring and Granite Spring residences) are maintained by the respective homeowner.
Article VIII
Fences
With the sole exception of the perimeter wall along Stone Oak Parkway (near Lot lines of Lots 43-50 and Lots 83-88), all fences or walls located on a Lot will be maintained at the expense of the Owner of such Lot. Unless otherwise approved by the ARC, all fences except those installed by Declarant shall be solid one inch by six inch (1" X 6") vertical picket wooden fences not to exceed six feet (6') in height. In order to present the best appearance to public view, the "rail" side of all fences shall be exposed to the interior of the Lot.
(NOTE: As a result of the April 2002 Quarterly Board and Financial Overview Meeting of the Springs At Stone Oak (updated by the Board in 2007and 2015 and recorded at the County Clerk’s office in 2015), the Springs Board of Directors approved a Resolution to the "Declarations" that increased the specificity of the color requirements for those Springs residents who decide to stain their fences:
"The staining of wood privacy fences is an option for each Lot Owner. If stained, the standards provided herein will be adhered to. All fences will be stained with only one color stain for continuity. The color selected by the Board will match the perimeter fence and the Park equipment/fence. That color is: Chestnut Brown Cabot Premium Wood Care Semi-transparent Stain. Oil-based or acrylic-based versions of the stain are permissible. All changes of color of stain for fences will be approved in advance by the ARC unless an identical stain is used.")
Although not a part of the above CCR Article, some neighbors in The Springs have agreed on a simple way to decide who will maintain the privacy fence that borders on two lots – each neighbor will repair or replace the ”non-rail” portions of the fence. Of course, if one neighbor has opted to stain their side of the fence while the other has not, further coordination would be needed between the two before replacing any pickets. Should there not be an existing agreement between neighbors who share a privacy fence, then coordination should be made before starting any minor or major repairs to the fence.
These periodic CCR discussion topics intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR’s) that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR’s is to maintain specific standards for the good of us all, as articulated in their definition:
“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.”
If you are a Springs resident who has misplaced your copy of the CCR’s, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
