Fencing Follies

March 30, 2026 | Mark Luis Foster

From Athens, Alabama, comes the story of an HOA under fire for approving the installation of fences by homeowners, only to discover that the approval may have been a bad decision. From WAFF-TV News:

The dispute is playing out in the Brookhill Landing subdivision in Athens near U.S. Hwy 31, where residents say they’re being told to move their fences, in some cases at least 10 feet off their property lines for the HOA to address flooding issues in the neighborhood.

Sounds like the board approved the fence placements prior to some recent construction that changed the lay of the land, thus throwing off drainage flow:

Homeowners say the issue escalated when construction began on a second phase of the subdivision behind their properties, changing how water drains during heavy rain.“All that water runoff would come exactly in our yards, because their yards are slightly higher and elevated,” said homeowner Lauren Gomez, who lives next door to Stumbo. “My yard is getting flooded every single time it rains due to the development.”

So when all this hit the fan (or the fence?), the board hired an attorney. Before Christmas last year, the firm Coulter & Sierra mailed letters to homeowners telling them that despite prior approvals, the fences were built in a drainage easement and must be removed. The letter stated that the HOA was informed by the city’s inspector and engineer that “all items and improvements on the easements must be removed,” and gave homeowners 10 days to take them down or face being charged for removal.

Apparently the city engineer had provided a different solution on the flooding and drainage issue to the homebuilder, but now there’s accusations that fence-moving would be more advantageous for the city, who then would not be on the hook for any major expense:

“The city of Athens has temporarily approved a solution, but they realize that they can do it much cheaper by making this gentleman [homeowner] and the other people move their fences,” [Real Estate Attorney Thomas] McGrath said. “It appears to be a cost-saving measure, and they’re using the HOA to try to force people to do it.”

The news station reached out to the board, who has remained silent on this issue. This is a tough one — building fences in more ways than one.  Watch and read HERE.

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