Data Base Adjustment - 45 Day Delivery Deadline (based on scoring report release date)  
Ownership Issues Deficiencies applied to elements not under the ownership and/or control of the property owner - i.e. a deficiency on a fence, sidewalk, driveway, or other item owned by the city or a neighboring property - does not apply to resident owned items in Units  
     
     
Damaged Fence is not Your Property There is a fence along the property line but it is owned and controlled solely by the neighboring property.  REAC's written rules say that the inspector must evaluate it as if it was yours - the inspector is not allowed to use his or her own judgment or to take your word that it is not your fence.  It is therefore very common that you may be cited for damage to a fence that you do not own or control.  The typical Level 3 Security Fence defect is worth 5 or 6 points - this is a very significant scoring deduction for something that you cannot control.

There are several ways to appeal this:
 
     
  1 - The owner of the fence can sign a letter stating that it is their fence, solely under their control.  This should be a rather formal, businesslike, and complete letter.  It should mention your property and the address/location mentioned in the inspector's comments from the REAC report, and should include any other comments describing the damage.  It should state the address of the neighboring property, should state clearly that the author of the letter is the owner and/or manager, and state clearly that the fence as described belongs to the author and/or belongs to the author's neighboring property.  It should NOT state that the fence has been repaired.  It is acceptable but not necessary for the author to state that he/she forbids you from modifying or repairing the fence - "for liability reasons" as an example.  It is acceptable but not necessary for the author to add a comment to the effect that "HUD has no jurisdiction over my property."  
     
  2 - You may provide an official property plat - as you might obtain from the county recorder's office - showing the property lines and showing the fence lies outside of your boundaries.  Not all plats will show this clearly enough to make your case, some plats might not show the fence at all.  If your only evidence is a plat, look at it very closely and ask yourself this question: "If I knew nothing at all about the property except what I am seeing in the plat, would I be absolutely convinced that (a) the fence is the same fence the inspector cited as damaged and (b) the fence is not within the boundaries of the property that was inspected?"  The plat should show some information that identifies the inspected property by address or name.  It should include compass orientation if necessary to make this determination.  It should answer every question a skeptical person might ask, including whether or not it is an official document.  
     
  3 - You could have a licensed surveyor conduct a survey to identify the fence as being outside your boundaries.  It is not enough to state that it is ON the boundary - it must be outside the boundary if this is your only evidence.  If the surveyor can state with certainty that he/she has determined that the fence belongs to the neighboring property, this will strengthen your case.  
     
  4 - If your municipality enforces local ordinances requiring fences to be maintained in good order, you could make a written complaint or inquiry about the fence, asking the agency to reply with their findings and to verify that they have notified the neighboring property to make repairs.  If you can produce a paper trail showing that you made such a request, and that you received a response in which the agency acknowledges that the fence is someone else's responsibility, this will likely be strong enough evidence to win the appeal.  
     
  5 - You can use a service like the "aerial" or bird's eye" view function of Google Maps and/or Bing Maps to illustrate pertinent details, but this evidence must meet the same high standard of convincing a skeptical reviewer.  You can also use photographs of the fence and the surrounding areas - but these must also be of a very high evidential quality.  These methods are better as a supportive aid to the other methods above - so consider using a combination of some or all of these methods.  
     
     
  We will post more examples over time - please feel free to email a request for a description of a specific type of appeal