Backyard Fence Blew Down - My Resposibility?
I purchased a condo in a new construction building in Brooklyn less than 1 year ago. A few months ago the wind blew down a section of the white plastic fence that was built to seperate my backyard from my neighbor’s. After months of delaying and not returning my calls about having them fix it,…
I purchased a condo in a new construction building in Brooklyn less than 1 year ago. A few months ago the wind blew down a section of the white plastic fence that was built to seperate my backyard from my neighbor’s. After months of delaying and not returning my calls about having them fix it, they just informed me that they expect me to pay for this 100% and were kind enough to include an estimate of $1400 to do so! This is ridiculous- how is it my fault they built a shoddy fence.. and less than a year after moving in as a 1st owner! Any advice on what I can do?
Haze – The POS white plastic fence was presumably there when you bought the place, so you knew full well (or should have) what quality of finish you were buying, and unless there is something in the purchase contract which specifies that the builder will pay, it’s your problem. You should talk to your neighbor and decide what kind of fence you both want, get it installed properly, and work out the $$ with your neighbor.
I think the words “plastic fence” might support DIBS’ theory….
I AM curious to know from OP who gave them this $1,400 estimate, their neighbors or the sponsor?
And who was “not returning my calls about having them fix it”?
The neighbor?
Was it the neighbor’s fence?
Mine is still standing, newsouthsloper, as are all of my neighbors.
Again, crappy new construction.
Q.E.D.
DIBS – We did have 60+ MPH winds move through with storms about a month ago. anyone remeber that? Depending on what type of fence I could see it coming down in part due to the winds.
Well we still don’t know who “they” are. It sounds like the OP is talking about their neighbor but could be talking about the sponsor?
I would assume that this would be covered under your warranty because you closed on the property less than a year ago. Like others have said, that would probably depend on what’s in your contract or offering plan.
If it’s not covered in your warranty then you would need to determine if the fence is on your property or your neighbors. If it is on yours, I would assume your home owners insurance would cover the repair.
We haven’t had any tornado-like winds here, denton. What winds we have had should not have taken down a fence, especially a newly constructed one. My assumption that this was crap to begin with still stands, unlike the fence.
As far as who is responsible, the owner has to figure that out from the original docs, the condo and, perhaps, a lawyer.
The comment to take this as an opportunity to upgrade is a good one.
i would lay odds that you are responsible for the replacement..you bought the ground floor apartment and the backyard rights and responsibilities…but go wood instead of plastic, and good luck suing the developer for shoddy construction
Are you talking about the fences that developers use to divide the rear yard into private spaces for each ground floor unit?
Home Depot sells all the stuff you will need to reinstall this craplastic fencing by the way.
Might be a good time to upgrade to a nicer fence.
most fences are built on one side of the property line or the other. If its on your property it is your responsibility, if its part of the common area owned by all the condo its the condo’s responsibility. In NY there is a presumption in Brownstones that the fence on either the right or left is your responsibility, I forget which. Whether you have recourse against the builder or the person who sold it to you is a different question from whether its your obligation to repair it. Whether any repair should be required is also different from whose primary responsibility to maintain the fence is. Sounds like it was a crap fence to begin with. You should also contact your insurance company as if it was windblown down may also be covered and $1400 to repair or replace a fence is the going rate for most small jobs. Everything cost that much at least….of course you can always buy a couple of wood sections get poles and hire someone and do it yourself as you don’t need a permit for this( I think)…