HOA entering a property to maitain landscape?

Our Master Deed grants the association a specific easement as may be necessary to fulfill any responsibilities of maintenance, repair, decoration, replacement or upkeep. It specifically states we can perform "whatever action it deems desirable to maintain, decorate, repair or replace the unit or the exterior of the dwelling", and that we shall not be liable for trespass. Additionally, our documents also give us right of access for enforcement "upon notice to the co-owner."

We have a bank-owned property that has not been tended to (other than lawn by neighbors) in 1.5 years and the tall ornamental grass is out of control -- breaking off and spreading all over the neighborhood and littering the storm sewer grates and curbs.

What procedures are typically necessary to have this matter tended to and back charge the bank? Can we simply send the bank notice that if the matter is not corrected in X days, we will fix it and charge them, or must we follow the typically long process of notice, warning, fine, etc.?

Any thoughts? I'm thinking the easements might allow us to remedy this more expeditiously, and circumvent the violation / assessment of fines procedure we typically use for garbage cans, parking, etc.

We are single family residential, and yes, we do take care of our own individual yards.

The home is bank owned and will remain so until the bank sells it. It will not be HUD. The bank is likely holding on to it until prices come up in our area ... which could be some time.

We do not ask our homeowners to perform work on other's yards without owner permission and, in fact, discourage it. Technically, they would be trespassing and do not hold the Association's easement privileges. They would also not be covered under the HOA insurance for liability if they damaged the yard somehow or were injured. We do not carry volunteer coverage on our policy.

The Board members are covered on our policy and I'm sure one of us would be willing to do it; however, I was wondering what type of notice would need to be given. Do we need to wait the period of time required for our typical violations or can we just maintain it and bill. We would likely back charge the bank for the activity with the funds going to the association if a board member did it.

While the board members are often willing to do some tasks like this, we have several vacant lots in our community, can not maintain all of them ourselves (nor would we try), and would not typically be able to justify to homeowners why some lots were maintained and others were not. Because the hoa can not afford to maintain all of the vacant lots equally, we leave the lots alone and rely on the township to enforce mowing/weed issues. Neighbors who complain are asked to also call the township. In this case, there is a particular nuisance and maintenance issue beyond "eye sore" which would cause us to take action AND the ornamental grass does not violate any of the township's ordinances ... so we feel like it must be tended to.

i would combine susan's advice with your path.

Contact the city with an official complaint. then send a notice to the bank of record like you stated, with the complaint, CC&R quote, deadline, and results of inaction plainly stated. post one on the door for good measure.

then, wait X days, and if the city hasn't done anything, nor the bank, do your thing, and charge the bank. when they don't pay, add some service fees, late charges, early withdrawl fees, overcharge fees, and file a lien.

you won't get your money soon, but you will eventually recoup the money and the extra charges.