Property vs. Common Grounds maintenance

Started by JohnH38 • 4 replies • 1679 views

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JohnH38 (South Carolina)
Posts: 100

Posted:

Our POA Property(lot owner, not a homeowner association) has common grounds and privately owned lots. The BOD is responsible for "The Property" and has decided to use association money to maintain the roadside of unimproved lots instead of having these owners pay.

After 10Y only about ½ the lots are developed, and we have spent in excess of $200K maintaining these roadside, cutting grass, edging, &c. about 30-40 % of the landscaping budget.

Isn't it time to have the absentee owners pay?

John

PS The roadsides are on average about 12' from the curbs, and we have about 2 miles of roadways it takes 3 workers, mowing, edging and blowing debris from street.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

John

The edges of the road aside for the moment. Are lot owners not already paying some dues for common area maintenance?

We had a similiar situation on one road leading to several sections of our development. It was in the original covenants that the association would maintain an 8 foot section directly adjacent to the road to the entrance of those sections of our HOA. Some owners banded together and wanted the residents of those sections to pay for the road edge maintenance, not the whole association. After much legal wrangling/discussion and a Covenant change, it was agreed the residents of those sections would pay $30.00 more per year dues and the associations common area landscaper would continue to maintain the road edges.

We used to kid that we lived in the high rent sections of the HOA.....LOL

LarryB13 (Arizona)
Posts: 4,099

Posted:

If the vacant lots have been deeded to buyers, then those buyers should be paying at least the same assessment as any other lot. If these lots are unsold (that is, still the developer's property) then there may not be much you can do.

BTW, the one lesson I have learned from this forum is never buy into an unfinished development. There is no way of predicting what can happen before it is finished.

JohnH38 (South Carolina)
Posts: 100

Posted:

Once a lot is deeded to a new owner, the owner pays the same assessment as for improved lots.

The HOA is paying to maintain the roadsides of unimproved lots, about 60 % of the development, at a cost of 40 % of the total landscape maintenance.

The BOD has the right to do it (my guess) but no obligation (my guess again) as in most HOAs owners have to maintain their own lots to certain standards, whether improved or not (as in your case).

It makes sense to me, John

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By LarryB13 on 11/04/2012 7:48 AM
If the vacant lots have been deeded to buyers, then those buyers should be paying at least the same assessment as any other lot. If these lots are unsold (that is, still the developer's property) then there may not be much you can do.

BTW, the one lesson I have learned from this forum is never buy into an unfinished development. There is no way of predicting what can happen before it is finished.

How true!!! Although our 6,400 property Assn was pretty well established 22 years ago when we moved here, we were only about 60% build out. The construction activity was brutal. Many contractors were rude, arrogant, kept unsightly job sites and the list goes on. One of our law enforcement officers said that many of them were not "socially responsible", a huge understatement. Never again would I move to an Assn that was not well established and built out.

Paul T

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