Who's Responsible for Wall Repairs?

At Kings Ridge in Plano, TX

Screening Walls

Screening walls serve to provide privacy, curbside appeal, and reduce noise pollution.

Retaining Walls

Retaining walls serve to hold up land or hold back water.

Monuments

Monuments are decorative features. For example, they mark entrances to neighborhoods within the community.

The Broad Strokes of Responsibility

It's a common misconception within the Kings Ridge community that the HOA is fully responsible for maintaining all the walls; however, per state law, legal statutes, city ordinance, and the association's governing documents:

Monuments are the financial responsibility of the Kings Ridge HOA.
Screening and retaining walls residing on Common Property are the financial responsibility of the HOA.
Screening walls residing on the City's side of a City Right of Way is the financial responsibility of the Homeowner to which the screening wall provides backyard privacy (with noted exceptions.)
Screening and retaining walls residing on Private Property are the financial responsibility of the Property's Owner(s) on which the walls reside (unless the Homeowner has evidence otherwise.)

General Rule of Thumb

Common Property - These are the lands owned by "Kings Ridge Homeowners Association, Inc." with walls.

- - - Phase 1

- Open area at the end of Crystal Falls Drive (south side of the street, next to the BNSF Railway)

- Open area along the west side of Shadow Rock Drive

- Open area at the west cul de sac of Grand Hollow Drive (next to the BNSF Railway)

- Entryway at Round Springs Lane and McKamy Trail

- - - Phase 2

- Open area along the west side of Merriweather Lane

- City Right of Way along the east side of Kings Manor Lane

- - - Phase 3

- Greenbelt at Luxborough Drive and Kings Manor Lane (next to the BNSF Railway)

- Open area along the west side of Petticoat Drive between Portobello Drive and Luxborough Drive

- Open area on the east side of Queensburg Lane

City Rights of Way - These are the strips of land on each side of a major thoroughfare with walls.

Spring Creek Parkway

- Notable Exception: None.

Kings Manor Lane

- Notable Exception: The Developer noted maintenance exception for homes backing up to the east side of Kings Manor Lane. The HOA may be responsible for these walls and would need to be evaluated on a case-by-case basis.

McKamy Trail

- Notable Exception: None.

Private Property - These are the lots or land owned by individuals or companies other than the "Kings Ridge Homeowers Association, Inc.) with walls.

Portobello Drive
Luxborough Drive
Underwood Drive
Tabernacle Drive
Coverdale Drive
Redstone Lane
Brook Forest Circle
Cannon Falls Drive
Autumnwood Trail
Crystal Falls Drive (north side of the street, along the BNSF Railway)
Falling Water Lane along the BNSF Railway
Grand Hollow Drive (north side of the street, along the BNSF Railway)
McKamy Trail
Any other property not owned by "Kings Ridge Homeowners Association, Inc."

How to Research Wall Ownership

Process Overview

Inspect Walls

Contact a trusted masonry expert to inspect the wall(s). The contractor will provide you with an explanation for why the wall is failing and an estimate for its repairs.

When selecting a vendor, be certain to choose one that will reuse your existing bricks (scrape and clean the bricks,) and provides a color match guarantee. These are important items, as some bricks are no longer being made, and reusing existing brings will help ensure you meet the ACC requirements to maintain uniformity with surrounding walls.

Research Property Owner

Next, you will want to visit the Denton County Appraisal District website to perform a map search.

Link: https://harrisgovern.maps.arcgis.com/apps/webappviewer/index.html?id=8eb7c0defccc4dea908a155efc09b087

Be certain to document the names and addresses of the property owners on each side of the wall, as there is a potential that those parties may have a financial obligation for the repairs.

Review Developer Construction Plan

The property lines displayed on the Denton CAD Map Search (or any other online forum) do not use official geological coordinates and cannot be used to determine proof of ownership, or financial responsibility for the wall repairs.

To determine this responsibility, you will want to start by reviewing the Developer’s Construction Plans. Under Texas Law, Developer Construction Plans, also known as “Build As Plans,” are part of the Association’s official governing documents, and their content supersedes Association CC&Rs and Bylaws. While these plans depict what the Developer's permits allowed them to build, minor deviations in placement may have occurred during construction. For example, if a Screening Wall exists around your property, but does not exist on the Construction Plans, there is no need to perform additional research, as any walls built would have been erected by the Builder or the Homeowner and would be considered Private Property.

You can contact the City of Plano for a copy of these plans, or you can download them here (click to download.)

Important Note: There is language in the Developer’s Construction Plans which states, “Screening wall to be private and maintained by HOA.” A comprehensive legal review concluded that this language is referring to walls that fall along a City Rights of Ways.

Review Plot Plans

In the event you find the walls on the Developer Plans, your next step should be to secure a copy of the Lot Plan for your and your surrounding Lots. Lot Plans are created by a survey company and serve as a legal document that may supersede the Developer Plan. The key to remember is that Lots can change over time (e.g., through Builder and Homeowner improvements,) so it is necessary to secure a copy of the ORIGINAL Lot Plan (the Lot Plan showing the transfer of property from the Developer to the Builder.)

You may request a copy of the Lot Plans through the City of Plano's On-Line Open Records Request process:

Link: https://www.plano.gov/459/Open-Records-Requests.
Be certain to notate the following in your request, "We are researching ownership and financial responsibility for walls built between property lines and need a copy of the Lot Plans for these addresses showing what existed on the Lot at the time property ownership was transferred from the Developer to the original Builder."

Helpful Tip: You should request the Plot Plans for all properties in question.

Engage Parties

Once you have completed your research, you will need to engage the necessary parties to discuss the repairs:

The HOA's Property Manager - If you are seeking HOA funding for the repairs, you will need to provide proof that the walls are the HOAs responsibility. The evidence outlined in this web page, in addition to pictures of the failing walls and a copy of the estimate from the vendor, should be enough to get them started.
Other Property Owners - It is possible for walls to span multiple property lines. In this instance, all impacted Homeowners will need to align on the repairs needed. By Texas Law, property owners are responsible for repairs for the portion of the wall residing on their property. For example, if the wall is split 70% on Property A and 30% on Property B, then the total cost is respectively split 70/30.
ACC - The HOA's ACC is responsible for ensuring the uniformity of Lots and their Structures throughout the community. Walls and fences are considered structures and therefore Homeowners are required to obtain ACC approval before any work is performed. To ensure a quick turnaround time you should plan to provide the ACC with a copy of your vendor's construction plans, engineering schematics, material lists, and proof of permits.

Important Note: Failure to secure ACC approval before construction can be costly. Should a Homeowner build or repair a wall that does not meet ACC standards, they can be fined by the HOA and corrective repairs can be forced upon the Homeowner(s) through a Texas Residential Property Owners Protection Act (TROPA) corrective action.

Walls 101

Parts of a Wall:

Piers - These are long cement columns under the ground that support the walls. A pier's depth and size are determined by an engineer who uses soil studies and construction diagrams to determine their construction and placement.
Columns - These are the tall brick structures on each side of a panel, which hold the panel in place. Columns are designed to allow for some ground movement; thus, panels float between the columns.
Column Caps - These are the tops of the columns. They are both decorative and prevent water from saturating the inside of the columns.
Panel - This is the flat surface that provides privacy.
Pointing - This is the bonding agent, mortar, or cement, between the bricks of a wall.
Soldier Course - This is a strip of bricks at the top or bottom of a Panel. They are primarily decorative but also serve to minimize the amount of open space between the ground and the panel.
Mow Strips - This is the cement strip beneath the panel, between each column. This serves multiple purposes which include keeping weeds and grass away from the wall (which can retain moisture and damage the wall), adding structural integrity to the wall (allowing for fewer Piers), and can help prevent erosion around the columns.
Cabling - This is a lattice of rebar or stainless-steel cabling found within a Panel and is used to maintain structural integrity.
Threshold - This is a beam that spans the length of a panel and helps to bear the weight of the bricks, mortar, and cabling. Thresholds are typically metal; however, some are made of wood.

F. A. Q.

Why does Kings Ridge have an HOA if they aren't responsible for maintaining all the walls?

Texas State Law requires any development with common properties (e.g., open areas, trails, community centers, etc.) to have an HOA. The HOA exists to:

Maintain the Common Property within the community.
Promote the safety, welfare and enjoyment of the residents and the owners of the Property within the community.
Enforce CC&Rs compliance and overturn any irregular ACC decision.
To establish, assess, collect and enforce payment of assessments, fees, and interest to fund such activities.

Are Homeowners entitled to discounted annual assessments because the HOA does not maintain their walls?

No. Annual assessments are not HOA Member specific. Annual assessments are used to:

Maintain the Common Property within the community.
Promote the safety, welfare and enjoyment of the residents and the owners of the Property within the community.
Enforce CC&Rs compliance and overturn any irregular ACC decision.
To assess, collect, and enforce payment of assessments, fees, and interest to fund such activities.

Can the HOA's Board of Directors make a business decision to make repairs to walls on Private Property?

No. Kings Ridge's governing documents do not allow the Board of Directors to use HOA funds to repair private property unless it is associated with repairs related to an active Texas Residential Property Owners Protection Act (TROPA) violation. And, should HOA funds be used to force repairs under TROPA, the HOA would be required to:

Secure those monies with liens on the property.
Initiate collections activities against its Homeowner(s) for repayment.
Foreclose on the property if funds are not collected.
Evict its residents so the property could be sold to recoup funds.

Is there a way to make the HOA responsible for walls on private property?

Yes. To allow HOA funds to be used to repair non-HOA-owned walls, 386 of the 579 Homeowners in our community would have to vote to amend our community's Covenants, Conditions & Restrictions (CC&Rs). Passage of such a vote would likely result in special assessments and higher dues to fund Reserves. Homeowners can request the Board to present such a measure for a vote by the community. In the event the Board rejects the request, Homeowners can circulate a petition to force the Board to present the measure for a vote.

Do I need ACC approval to repair my walls?

Yes. The HOA's ACC is responsible for ensuring the uniformity of Lots and their Structures throughout the community. Walls and fences are considered structures and therefore Homeowners are required to obtain ACC approval before any work is performed. Important Note: Failure to secure ACC approval before construction can be costly. Should a Homeowner build or repair a wall that does not meet ACC standards, they can be fined by the HOA and corrective repairs can be forced upon the Homeowner(s) through a Texas Residential Property Owners Protection Act (TROPA) corrective action.

What happens if my wall spans multiple lots?

The total cost of the repairs would be split proportionately between Property Owners.

What happens if my wall spans multiple lots but the other property owners do not want to make the repairs?

This would be considered a civil matter between Property Owners. You would want to contact the City of Plano's Neighborhood Services department (972-208-8158) and ask them for advice and/or assistance. While they cannot provide legal advice, the City will often help facilitate discussion and force Property Owners to take action when/if warranted.

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