Reinforcing Lawn Maintenance

Started by ToriaM • 20 replies • 9239 views

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ToriaM (North Carolina)
Posts: 10

Posted:

I live in North Carolina and co-chair our neighborhood's Landscaping Committee. We hired a new landscaping company last month and neighbors are really excited!! However, many are still not properly maintaining their yards. I want to provide some form of communication to our neighbors to reinforce the covenants regarding lawn maintenance. Does anyone have a letter/newsletter or other document I can shamelessly steal to get me started?!!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Toria

Who is responsible (HOA landscaper, homeowner, etc.) for what?

ToriaM (North Carolina)
Posts: 10

Posted:

THe HOA is responsible for the maintenance of the common areas, which is handled by the landscaping company.

If the homeowner has not contracted with the neighborhood's landscaping company, they are responsible for lawn maintenance.

TamaraS4 (California)
Posts: 21

Posted:

This is actually pretty simple. You just need to send out a short note (including documentation outlining the covenant), reminding people that if they have not contracted with the landscaping company, they must maintain their lawn to the same standards as that of the landscaping company. Include contact info for the landscape company and remind homeowners what the ramifications of non-compliance are.

I'm guessing your HOA has a warning/fine system in place for non-compliance of CC & R's. If so, state what the warning/fine system is. You may also want to include a photo of what the lawns are expected to look like and give the non-compliant people a certain amount of time to bring their lawns up to standard.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Toria,

Does your Association have standards of lawn care, that is, what do you consider a "properly maintained" yard consists of?

I ask because typically the member who is using a lawn service has a better looking lawn then the member who can't afford a service but does what they can (water, mow, occasional weed control).

TamaraS4 (California)
Posts: 21

Posted:

Quote:

Posted By TimB4 on 05/02/2012 3:31 PM
Toria,

Does your Association have standards of lawn care, that is, what do you consider a "properly maintained" yard consists of?

I ask because typically the member who is using a lawn service has a better looking lawn then the member who can't afford a service but does what they can (water, mow, occasional weed control).

This is a good point.

ToriaM (North Carolina)
Posts: 10

Posted:

Yes, very generic like you have mentioned. I will also take into consideration adding a picture of a properly maintained lawn.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

you mean:

what, IN YOUR PERSONAL OPINION, is a properly maintained lawn

your CC&Rs will actually govern

if they are vague ..........?

PeterD3 (Florida)
Posts: 708

Posted:

"...I want to provide some form of communication to our neighbors to reinforce the covenants regarding lawn maintenance. Does anyone have a letter/newsletter or other document I can shamelessly steal to get me started?!!..."

Why not send a copy or the language of the covenant you are trying to enforce.

Therein lies the full extent of the HOA's authority.
Not a bit more.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

How is your HOA set up? Ours is set up as the owners own the lot heir house sits on and everything else outside of that is "Common Property". Meaning we were responsible for mowing ALL the yards not those opting in. Our dues covered this. Owners did have "Exclusive rights" to their area but any grassy areas we as a HOA maintained. Our CC&R's stated our ONLY real responsibility was to provide lawncare.

Make sure the area is well defined and understood. We still had to mow yards even if one did not pay their dues. That's because we were responsible for lawncare. Plus it didn't add distraction to the neighborhood. On occasion we did have some questionable exclusive use violations. The craziest being someone planted "plastic flowers". We had to have those removed. A few decorations like borders caused flooding issues. So make sure your HOA covers those type situations when developing a lawn care definition. You want to be able to remove some items that are improper or cause damage.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Toria

Ususlly in your docs there will be language along the lines of maintaining ones property to community standards. Some will say this is "vague" wording at best.

My suggestion is do not try to establish communtiy standards with specific wording (grass so high, type of mulch, etc.), but do try and establish a standard.

How?

Take a few pics of some of the homes that are being maintained by the same landscaper that maintains your common areas. Now make the photos generic. So generic that they cannot even pick out the specific house out.

Better yet, maybe use pics of the common areas.

Send a letter informing the homeowner that there have been complaints and according to so and so part of the docs they must do beetr in maintaing community standards and in order to help them you are including some pics of what is considered appropiate

Again, do not try and be specific...like define try and define a good lover based on their specific whatever(s).......LOL

Hope this helps.

PeterD3 (Florida)
Posts: 708

Posted:

"Send a letter informing the homeowner that there have been complaints and according to so and so part of the docs they must do beetr in maintaing community standards and in order to help them you are including some pics of what is considered appropiate"

Really?

Fabricate complaints then put it in writing they exist?

ChristinaR (Maryland)
Posts: 99

Posted:

If the person sending the letter has seen the appearance of the lawn and it is not as per the maintenance guidelines, then the complaint is not fabricated, it just happens to be the same person. It is an annonymous complaint sent by the HOA on behalf of the complaintant...who cares if that person happens to be on the board. Can a board member not submit an annonymous complaint?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By PeterD3 on 05/03/2012 2:24 PM
"Send a letter informing the homeowner that there have been complaints and according to so and so part of the docs they must do beetr in maintaing community standards and in order to help them you are including some pics of what is considered appropiate"

Really?

Fabricate complaints then put it in writing they exist?

Has not the OP said there are problems? Is this not a complaint? Might we assume some others think like her?

I am quite often accused of being frank/candid but my initial reaction is to advise posters how to correct/fix a problem before calling them out for being the wierd one, but call them out I will once more is known.

Landscaping is quite often a major issue and one that quite often needs to be addressed. I believe my advice on how to handle was sound versus the ignore it or the nazi approach.

I do agree that when it comes to landscaping, de gustibus non est disputandum.

PeterD3 (Florida)
Posts: 708

Posted:

"If the person sending the letter has seen the appearance of the lawn and it is not as per the maintenance guidelines, then the complaint is not fabricated, it just happens to be the same person. It is an annonymous complaint sent by the HOA on behalf of the complaintant...who cares if that person happens to be on the board. Can a board member not submit an annonymous complaint?"

Maryland HOA laws grant such authority to one person?

No such authority or anonymity exists in Florida. We have the right to see any/all documentation regarding complaints. If no such COMPLAINTS can be produced then the BoD has just created a liability for itself and enforcement will be next to impossible.

The BoD should have a policy IN WRITING on issuing letters/warnings/fines/escalating enforcement protocols.

Your method of one person saying 'yea it's a violation' then issuing a letter stating there have been multiple compliants is reckless and unacceptable.

PeterD3 (Florida)
Posts: 708

Posted:

"Has not the OP said there are problems? Is this not a complaint? Might we assume some others think like her?"

You assume too much.

The post is one person's view. No covenant language has been posted.

While you assuming... Why not assume most don't have a problem with the landscaping of others?
Are they represented here?

The OP never said anything about complaints.

ChristinaR (Maryland)
Posts: 99

Posted:

Actually, our documents grant such authority to one person. Our documents state that any Member in the Association has a right and the authority to enforce all restrictions, conditions, covenants, reservations...exact wording:
"Article XI GENERAL PROVISIONS Section 1. - Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration."

We, just like the police in MD, allow our owners to make annonymous complaints. When you make an annonymous tip to the police, the police become the accuser...so do we. There is nothing in our bylaws, CCRs or HOA Law that states that a person in violation of the Covenants has a right to face their accuser. If it did, not one of our residents would make a complaint...ever. If the person wants to face their accuser, they can schedule a hearing in front of the BOD, who is ultimately the accuser in every violation sent from the management company.

Our residents are allowed to contact our management company to file a complaint, annonymous or leaving their info...either way the complaint is recorded in our management report which is available to all residents upon request. The management then notifies the board of the complaint, it is verified and then the MC sends a letter to the address in which the violation was made. If the violation is valid, the letter is sent, the board cannot stop it because that Owner has a right to enforce.

Not all documents are written this way, but I assumed this poster is on the BOD and was looking for a generic letter the BOD could vote to send out. But if even one person on the BOD says the home is in violation, as long as the vote is in a majority, the letter is not a 'fabricated complaint.'

No one wants to write a letter that says "The Board Member living next door to you has decided your home lawn maintenance is in violation of XXXXXX." Most generic form letters sent from a majority of HOAs say, "we have received a complaint that your home is in violation of XXXXX"

PeterD3 (Florida)
Posts: 708

Posted:

"Actually, our documents grant such authority to one person. Our documents state that any Member in the Association has a right and the authority to enforce all restrictions, conditions, covenants, reservations...exact wording:
"Article XI GENERAL PROVISIONS Section 1. - Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration."

I have lived in three HOAs with similar language.

But your intrepretation is a bit over-the-top to suggest that any member may iniate action and incur associated legal fees/costs ON BEHALF OF THE CORPORATION.

Any personal action comes at the liability and expense to the individual.

I'm all for enforcing docs. fairly and ethically.

My issue in this thread is with the statement:

"Send a letter informing the homeowner that there have been complaints and according to so and so part of the docs they must do beetr in maintaing community standards and in order to help them you are including some pics of what is considered appropiate

Again, do not try and be specific..."

If you are OK with fabricating facts to bolster your case that's up to you but if challenged and you cannot produce you may be disappointed with the outcome.

ChristinaR (Maryland)
Posts: 99

Posted:

And I understand that your point is that the complaint reffered to in the letter is 'fabricated' if that statement is issued. My point is that if the OP is on the Landscaping Committee and she feels as though the home is in violation...then the complaint is not 'fabricated.' The Landscaping Committee is making the complaint, or a member of the committee is making the complaint, but in no way is the complaint fabricated.

Do your documents or Flordia statute define "complaint" or state that a member of the committee or BOD cannot be the complaintant?

JayP3 (Florida)
Posts: 154

Posted:

Then be prepared to produce the complaints the proposed communication cited.

JayP3 (Florida)
Posts: 154

Posted:

Otherwise it is an hoa, bod, or committee action and not one based on complaints.

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