Ugly overgrowth

Mike,

The portion of the CCRs you quoted sounds rather vague to me. It leaves open to interpretation what constitutes offensive activity, or what would be considered annoying, etc. That can vary from board to board and from person to person.

I think your board needs to supplement that restriction with specific, measurable guidelines in the form of rules and regulations which can be enforced. Also, the section you quoted provides no provision for enforcement. Assuming your CCRs provide a means for enforcement (such as fines), then the fine for violating the specific rule or regulation can be made part of that rule or regulation.

As for entering private property, that's called trespassing, and can be enforced by an owner against the HOA. However, if your CCRS explicitly allow the HOA to enter private property for the purpose of clearing a violation and provides for the billing of a homeowner for such costs, then you should be able to do it.

Hi all,

Thanks for the replies.

I too agree that the restrictions are a bit vague and open to opinion.
So far, all forms of communication have not produced any lasting effects.
Hmm... Waiting for it to get to the point of a Health Department concern
seems like it may get way, way, way overgrown before they would enforce.
I like your idea of having a "rule" that we could use as guidance.

Any suggestions of what sort of language or wording to use?

If the BOD were to create a rule and remedy/enforcement, would it need to
be filed with the State?
Would it need Membership voting and approval?

Thanks again for your consideration,

Mike.
P.S. In case I wasn't clear in my origanl post, we really DON'T want to
be too overbearing or tyranical, just wanting to calm the complaints and
improve the appearance for all while still trying to "live and let live".

Mike N,

Rules and interpretations are typically approved at the board level. You need to follow your Associations requirements for passing such resolutions. If you don't have any requirements, I would suggest something along the line of what we use:

1. Proposed rule/guideline to the board
2. Board modifies as sees fit and votes to send it to the membership for feedback
3. Board revised proposal is printed and sent to membership
4. A general membership meeting is held (special or in conjunction with annual) to allow feed back.
5. Board modifies proposal as necessary based on feedback from members
6. Board determines if a legal opinion is needed before adopting rule/guideline
7. If needed, board modifies proposal as necessary based on legal advice
8. Board Votes on final proposal
9. Board prints and publishes (mail/deliver to every member) the rule
10. Board starts enforcing new rule

Naturally, if the membership actually votes on the rule, the rule will better stand any legal challenge made.

This is our language for property maintenance standards:

Property Maintenance Standards
A. All portions of a lot which are not improved by an impervious surface or a structure must be maintained
with grass (or other vegetation installed by a builder or approved by the Architectural Control
Committee). No bare earth may be exposed on a lot (except for flower beds or vegetable gardens with
appropriate approvals as required).
B. All turf areas on a lot must be kept neatly mowed during the growing season. Grass should not be
permitted to exceed six (6) inches in height.
C. Turf areas and other vegetation should be watered during dry periods. Any dead plants, shrubs or trees
should be immediately removed.
D. Turf areas should be kept as weed free as possible. At no time should weed cover exceed more than
twenty-five percent (25%) of the total turfed area.
E. No trash or debris may accumulate or be stored in a visible location on a lot. Construction materials
required for the improvement of a home or lot should be neatly stored in as unobtrusive a location on the
lot as possible when not in use.
F. All hedges, trees and shrubs must be neatly trimmed and maintained and their size maintained in
proportion to the lot and home through pruning.
G. The exterior of a building must be maintained in an attractive manner. No significant blistering, staining,
fading or discoloration or peeling of exterior painted surfaces is permitted.
H. Any exterior building components (i.e., siding, gutters and downspouts, roof shingles, windows, doors,
sheds, decks and fences) which are missing, broken or otherwise in a state of disrepair must be repaired
as quickly as possible.

Hope it helps,

Tim

WOW!

Y'all have come through like shinig stars!

Thanks, all of this info will definitely help the Board craft
some common sense, equitable rules and guidelines.

Last questions...
Is it appropriate to create a 'penalty' or 'consequence' for
violation?
If so, what do you think it might be and how to enforce it?
I had thoughts of a fine and/or mowing, trimming etc by the
Landscape contractor we use.
Then bill the Homeowner?

This part seems to be rather stinky but necessary.

Mike.

"International Property Maintenance Code" - that's creepy sounding.....what body gets together to draw up a global response to knee-high fescue?

Many HOA's are allowed to clean unkempt yards and send the owner the bill - but only after giving notice to comply with the HOA request.

I kept a copy to refer to.
But, for my own purposes for this issue I asked for help with,
it's exact language "(jurisdiction to insert height in inches)"
found in section 302 Exterior Property areas, 302.4 Weeds, was
of no help.

And guess what? That exact phrase is what I found in South Carolina,
Richland County online regs! Again no help and another example of
my tax dollars at work (no wonder HOAs have trouble, they can't even
depend on their own goverment for proper examples or guidance that
may be already "on the books").

But with all of the great tips and guidance and examples y'all have
provided, I'm confident the board can now craft something that is
common sense and fair.

MANY THANKS,

Mike.