HOA Mandatory Lawn Care Program

Started by AshleyF • 12 replies • 2246 views

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AshleyF (Georgia)
Posts: 6

Posted:

Does anyone know if my HOA can make me participate in a mandatory lawn care program if my neighbors are not required to be enrolled?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Ashley:

In some HOA’s the association is responsible by virtue of the governing documents to take care of certain landscaping for owners and for which all owners contribute to the costs. Other HOA’s will require the owners to take care of their lots appropriately meeting requirements in the governing documents, and can enforce if homeowner is not in compliance.

If you have not taken care of your property meeting the requirements in the governing documents, then the HOA potentially can do it for you and charge you for the work completed. In essence you will pay for the “mandatory” lawn care provided.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Ironically, in our HOA the ONLY real responsibility it had was to provide Lawncare. The majority of our dues went to this service. So irregardless if you want in or not, your dues are most likely already paying for this service.

Former HOA President

AshleyF (Georgia)
Posts: 6

Posted:

Actually, we pay $720/year for common area maintenance and use of pool & tennis courts. The "mandatory lawn care program" is an additional $80/month ($960/year) just to maintain our .13 acre lot. The HOA determined that we had to be enrolled in this program because we did not have enough pine straw in our beds. Our neighbors have the option to be enrolled in this program.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Ashley ... as long as you are in compliance with your governing documents and any rules ... they potentially cannot make you continue with "mandatory" lawn care. This may be something to check out as we do not know what your documents state.

AshleyF (Georgia)
Posts: 6

Posted:

We are behind on our payments to the lawn care company, but are willing and able to pay the balance due. We paid for the new pine straw and paid for services rendered for at least 3 months. In addition, we had a company that was treating the lawn and my husband mowed it regularly. Still, they say we have to stay enrolled for however long we own the home.

AshleyF (Georgia)
Posts: 6

Posted:

Also, I looked into the covenants and it simply said that we had to adhere to the maintenance rules (which we are) and pay for any work that has been done because we previously did not abide by the rules (which we are willing to do and have paid for partially).

JanetB2 (Colorado)
Posts: 4,219

Posted:

Request that they provide to you in writing where it states in your governing documents that you must pay for a service for the entire time you own the home even though you are in compliance.

See what reaction you get then.

AshleyF (Georgia)
Posts: 6

Posted:

I've gone one step past that: I consulted a lawyer that will question this ruling on my behalf.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hmmm ... how much will that cost you when you could have questioned first yourself?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Unfortunately, some Boards won't listen to a single member and a simple letter from an attorney is needed to get the Boards attention.

AshleyF (Georgia)
Posts: 6

Posted:

The lawyer is a friend of a friend, so it didn't cost me anything. I already tried to talk to them on my own to no avail.

JanetB2 (Colorado)
Posts: 4,219

Posted:

OK ... that is good. As Tim said sometimes it can take an attorney to get action, but really should be last resort.

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