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JasonD3 (Florida)
Posts: 1
Posted:
I am a owner in a gated community where the HOA is responsible for maintaining our property. Our documents state: The Association shall plant, remove and/ or replace sod, plants, flowers, shrubbery, and etc.. when in the sole discretion of the association as same is appropriate and in the best interest of the subject property. It also states their scope of work for their maintenance which includes the basic responsibilities of fertilizing, weed control, pest control, disease control, and etc..

My problem is my rear lawn is being overrun with weeds and a different species of grass (due to empty lot next to me). I have met with Association Manager and the Maintenance Company and both have refused responsibility for my problem and the BOD (developer) has declined to repair the problem.

Can anyone advise on what my next step should be? Is it at the discretion of the BOD to fix my lawn? Reading the Docs. I would think they are obligated to do so.

Thank you for your help
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We took care of the front yards ONLY unless requested by the owner. If you had a lock on your gate to the backyard we did NOT mow there. I would check if this is your HOa's policy.

Former HOA President
CarolF (Florida)
Posts: 435
Posted:
Jason - as long as the developer is in control of your association it is his bottom line that will determine what will be done. He is calling the shots. Until there is transition to a board of homeowners you can keep asking, but be prepared to maintain the lawn to your own standards by yourself.
LawrenceC1 (Georgia)
Posts: 480
Posted:
Jason,

You ought to have a lawyer review your governing documents to be sure that the HOA has a legal obligation to maintain your back yard. If so, have the lawyer send them a certified letter urging them to fulfill their obligation. If you don't get any satisfaction, have a landscaper take care of the problem and then send the Association the bill. If they don't reimburse you, take them to small claims court.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Suing your HOA is suing yourself and your neighbors no matter IF you are developer controlled. The developer is going to use the dues money collected to pay for any legal consenquences.

I'd suggest making sure backyards are not considered exclusive use. Which translate to the owner's responsibility. That is why we could plant our own plants but had to take care of them ourselves. The grass around it was mowed. If you had bushes you could pay extra to the lawncare to trim those.

Common area means just that. It is shared and managed by ALL the members. Exclusive use area falls into that. Which could be a backyard to a flowerbed. So look up exclusive use in your documents.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jason and all

My HOA consists of stand alone homes on deeded lots. The HOA is responsible for all landscaping with the exception of privacy fenced in, small backyards but let us set our backyards aside for this conversation.

One has to be realistic about landscaping and things like weather, weeds, etc. Often we are damned if we do and damned if we do not.

Each of our homes has a sprinkler system controlled by the homeowner. Some of our owners in order to save money, have turned off their sprinklers. We are getting complaints about some grass being brown but to top it all off, one owner has demanded we resod his lawn as it has died. When asked about how often he ran his sprinkler (we knew the answer), he replied: never, let nature take its course.

Some owners complain when the sprinklers are running on our common areas while it is raining. What are we to do? Monitor it? It costs more to monitor it (personnel) then to just let them run on a timer. One year people complained we were not running them enough.

Damned if you do, damned if you do not.

Back to Jason, the OP.

Even with my HOA being responsible, I think one often has to take control depending on ones unique situation. With multi homes, weather, sun, shade, etc. not one size lawn service fits all (nor does how much one runs their sprinkler apply) and from a commercial lawn service, one usually gets one size fits all.

Myself, I treat my lawn a bit better. Meaning I buy spray bottles (attaches to a garden hose) and treat my lawn in addition to the landscape company treatments. I find it less aggravating to buy some spray weed killer and do it myself ($15 and 20 minutes) then to fight it, even if I am right. I say lose battles but win wars. Be careful in purchasing the proper stuff. You do not want to kill the grass, just the weeds.

We had major issues here this year. Warm winter, early spring, wet late spring, now in a drought. Overall our landscaping does not look as good as usual. We had a recent meeting with the landscape company. Easy to call it a perfect storm all coming together:

1. We all agreed. Spastic weather.

2. I said they were professionals and were late in adapting.

3. They said spastic weather plus inability to hire seasonal workers.

4. I said that is because you base hiring on cheap labor and while I know not as much cheap labor is available now as it has been in past years, that is your issue not ours.

5. They said increased labor costs could result in higher priced contract.

6. We agreed to meet again in 2 months to talk again.

Well I have ranted enough. I need another drink.....LOL

JohnC46 (South Carolina)
Posts: 14,265
Posted:
EDIT

I have issues when the first reply out of someones is of you are not happy, contact a lawyer.

My experience says legal action is the last resort.

Just my experience.
LawrenceC1 (Georgia)
Posts: 480
Posted:
Quote:
Posted By JohnC46 on 07/17/2012 6:00 PM
Some owners complain when the sprinklers are running on our common areas while it is raining. What are we to do? Monitor it? It costs more to monitor it (personnel) then to just let them run on a timer.


For about $100 you can add a weather sensor to your sprinkler controller to have it suspend the watering cycle when it has been raining. This device will usually pay for itself in less than a year by saving water. It's also mindful of the environment and scarce resources.
LawrenceC1 (Georgia)
Posts: 480
Posted:
Quote:
Posted By JohnC46 on 07/17/2012 6:03 PM
I have issues when the first reply out of someones is of you are not happy, contact a lawyer.

My experience says legal action is the last resort.

Just my experience.

You are right that contacting a lawyer should not be the first option, but there comes a time when it is the right option.

The OP said that "I have met with Association Manager and the Maintenance Company and both have refused responsibility for my problem and the BOD (developer) has declined to repair the problem." Meeting with those responsible and attempting to resolve the issue face-to-face is exactly the right first step. In this case, there is now an impasse over the terms of the contract (CC&Rs) and it's probably time to get legal advice.
BrianB10 (North Carolina)
Posts: 24
Posted:
If you are in the Declarant control period still, I would save your time and effort. Get permission from the HOA, I mean the developer, to hire a landscaper to fix your backyard. I know what the documents say, but in the declarant control period there are usually many exceptions granted to the Declarant and one of them is to unilaterally modify the documents if they so desire. An application of 2-4D and additional over-seeding is going to fairly cheap and not cause ulcers.

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