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DW6 (Indiana)
Posts: 5
Posted:
Our HOA hires a landscaping co. to take care of the common grounds but the common area adjacent to my propery is not being mulched. I've contacted our HOA whose response was "they didn't know why that wasn't being done". What are my recourses for getting the work done. Can I backcharge them for completing the work myself. Did I say that the landscaping co. is my neighbor.
Any suggestions would be greatly appreciated!
Hung out to dry in Indiana
TimB4 (Tennessee)
Posts: 21,059
Posted:
DW,

Ask the Board for a contact at the company and permission to contact them or request that they contact the landscape company about it. You might want to draw a map of the area and identify the section of common area that isn't being done. This map can then be forwarded to the company.

Typically you would not be reimbursed if you did the work yourself.

Tim
DW6 (Indiana)
Posts: 5
Posted:
Thanks Tim,
We have addressed the HOA to contact the landscaper 2 weeks ago and still are awaiting any response. Since first addressing this issue almost a month ago we have had little if any response to our emails. We pay quite a bit in HOA fees and are not and never have been deliquent in any of these fees. Typically we have had issues in the past about maintaining this area. I have never really brought this to the attention of the HOA but have taken care of it myself. It just seems that every year less and less is done. We have several dead trees and shrubs that need to be replaced as well as the beds are full of weeds and are never edged. This is all in the contract with the HOA to maintain these areas and is done through out the neighborhood. I would draw draft the area on paper but it is quite obvious due to the condition. I'm always concerned when HOA's selectively inforce CCR's. especially when the contractor may live in the neighborhood.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Curious...What defines them taking care of the common property? In our HOA they ONLY mowed the common property. It was up to the residents to maintain the actual landscaping such as plants, mulch, and decorations etc...In addition, how long have you lived there? The prior owner may have requested that area NOT be mulched. Needs change and the lawncare people need to be updated on those changes to make it happen. Contact the HOA for them to contact the lawncare on the issue. Just be prepared of who's responsibility it might fall under...yours or the HOA's....

Former HOA President
DW6 (Indiana)
Posts: 5
Posted:
Thank you for your response. Our HOA is responsible for the plantings, decorative (flowers) and pruning , mulching , ferlization and weed control. This is contractual with the landscaping company of which I have a copy. Futhermore we built this house and have been the only owner and have never made any request other than when we resodded a portion of this area abutting our property (our own dime) that we would maintain this small section of grass. Not the area in question. I appreciate that you are trying to address any other possibilities and we are a bit stumped and can I say frustrated in trying to get this resolved. At this point my time is very limited and well, can be better utilized than caring for an area of which I don't own and pay fees to have maintained.
FredB4 (Ohio)
Posts: 375
Posted:
Sounds like you need a new landscaping company. Companies like to do as little as possible for the most amount of money and that seems like what is happening here. Hiring someone who is also a owner is rarely a good idea.
RogerB (Colorado)
Posts: 5,067
Posted:
DW6, without knowing more information I don't know whether it is a problem with your Board or the landscaper.
First I would determine who is in charge of inspecting the Community and who is monitoring the work of the Landscaper? Is it a Board member or a property manager? Are there policies and procedures established by the Board in regard to landscaping?

After getting that information, if it is a problem with the landscaper and not the Board's policies and procedures, I would ask the Board to do a better job of monitoring the landscaper; and to get this problem corrected promptly. That may or may not include the need to get other landscaping bids.
DW6 (Indiana)
Posts: 5
Posted:
Thank you RogerB,
We are still trying to track down the board member directly responsible for monitoring the Landscape Co. We did contact another board member (Got his name from the bill) who said they would pass the message on. Unbeknownst to us we were contacting, via an email address the secretary, who wasn't informing the board members that there was a problem. Can you say "runaround"! By law they must provide board members names and contact information. I guess we'll go from there. I know the law allows for a reasonable amount of time that the work be performed and I'm guessing that we're getting close. Can I have the work done and sue the HOA for compensation? Maybe that will get their attention!
Very Frustrated!!
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Can I have the work done and sue the HOA for compensation? Maybe that will get their attention!
Very Frustrated!!


Ummm... well you can sue.... but no judge will grant you compensation. You need to discuss this with the HOA and they need to discuss it with the landscaper.
DW6 (Indiana)
Posts: 5
Posted:
AHHHH...your probably right! If the HOA would discuss this matter or even notify the landscaper I would be very grateful. This is not the case! Although the failings in this matter are not egregious yet, it certainly bears some thought about petitions and re-elections of current board members.

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