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$400 fence costs $83,000 in homeowners assoc. battle

11:47 AM MDT on Wednesday, September 26, 2007

By JANE McCARTHY / KING 5 News

167 homeowners in the association will now have to pay the price over the fence battle.

REDMOND, Wash. – It started with a homeowners' association trying to enforce its rules, but the battle over color turned quite costly.

Marc and Kristina Weiss say the color of the fence facing the street was objectionable to the members of the association.

Originally, the fence was a natural cedar color.  Even though the new fence had been approved by the architectural control committee, a few residents of Sammamish Forest Manor complained.  They wanted the fence to be closer to the color of their unit, which was closer to white.

The Weisses agreed to lighten the fence to a Nantucket White, but over the years, the board members changed and they wanted it a Pina Colada color.

"This was not about the fence. It had to be about something else and it was, and it's called a vendetta," said Kristina.

But the Weisses had no idea how far it would escalate until they got a notice they were being charged thousands of dollars for the association's attorney feeds.

"A total nightmare and there was no way to stop it but go clear to the end," said Kristina.

The end took four years to reach.  An arbitrator just ruled in favor of the Weisses, saying their fence "was so close to the color of their unit that the difference was not distinguishable upon reasonable observation."

Now, the $400 fence, with attorney's fees, is costing the homeowners association $83,000.

"It's kind of a mop-up operation," said Bob Bear, the new board president.  He says he never agreed with the battle waged by other members and says the fees associated were kept secret.  Now, Bear and the owners of 167 other homes, will be paying the price.

"It creates a financial problem for us.  We're going to have an assessment that's about $85,000 so far," said Bear.

As for Kristina Weiss, she still believes homeowners associations can serve an important purpose.

"But, I also see that they can't be run arbitrarily and capriciously," said Kristina.

According to residents, five board members involved in the fence fight have recently resigned.