Legal Question in Real Estate Law in California

I live in a townhouse within a Homeowner's Association. The homeowner's own the land on their property, which is different from most associations. Previously, fence repair costs were equally shared by the Association and Homeowner.

This past year, the Board decided that all the exterior fences, that were adjacent to "common areas" were to be replaced, at no charge, to the individual homeowners. This included both the front and side sections of fencing. However, a couple of homeowner's fences were deemed 100% on the property owner's property, and not fronting onto a "common area". No offer of even a partial compensation was made.

All front sections of every single fence in this community ARE adjacent to common landscaped areas that are maintained by the Association. The same situation applies to those fences that were not replaced. They are no different at all, yet the Board refused to help with any repair expense. I have repeatedly questioned the Board about this, but they won't work with me on this. The Board is very tight knit and will do anything for their "friends" but not "outsiders".

Additionally, I just found out that one homeowner with a 10 foot fence segment that is situated solely on their property, was also replaced, at no charge to them. She just moved, but I do have an email from her stating this fact.

I know it is difficult to win a case against an Association, but I feel that I have a solid case. What do you think???

THANK YOU

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