Dues increase for landscaping back yards - fences?

Started by StevenG5 • 7 replies • 1356 views

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StevenG5 (West Virginia)
Posts: 2

Posted:

We'd like to include landscaping of owners back yards in the landscaping contract. We did this several years ago when we started with the front yards. We anticipate a $50 yearly increase if all properties were to be assessed. My question pertains to those properties with fences. How would you handle this? Can their dues be increased without receiving the service?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Steve

My initial blushes.

Fenced in area landscaping can get quite tricky especially if a locked gate plus many commercial mowing machines cannot get through a typical fence gate.

Maybe offer an optional backyard service that the unit owner contracts with the landscaper for as in no association involvement.

FredS7 (Arizona)
Posts: 927

Posted:

> Can their dues be increased without receiving the service?

I think they COULD be increased if proper procedures are followed.

It might be unwise and divisive to institute it now, however.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I agree with John,

Ask if the Landscaper will offer services directly to the homeowner.
Then let each homeowner make their own decision.

If the Association wants to keep doing the front lawn, fine. However, the rear yard, especially if it's enclosed, can create issues.

Tim

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I agree with John and Tim. However, in our HOA we did offer front and backyard landscaping. The exception was that if you had a fenced in yard we did NOT mow if it was locked. Everyone still paid the SAME fees no matter what. So if you wanted to opt out of your backyard being mowed, then you locked your gate.

We weren't responsible for pets getting out of fenced in areas if lawncare opened the gate to go into the yard to do their work. Something you may want to also include in consideration. I got a phone call from someone once who claimed to have a $400 dog get out by lawncare and was then hit by a car and killed. Wanted the HOA to pay for the dog...Just another thing that falls into this area....

Former HOA President

StevenG5 (West Virginia)
Posts: 2

Posted:

It's not our intent to mow the yards with fences. I was wondering how it is recieved by the owners with fences that they have to pay an increase for something they are not receiving or the legality of it.

GlenL (Ohio)
Posts: 5,491

Posted:

Steven, do your CC&R's allow you to mandate this type of service? If not then the first place to start would be changing the CC&R's to allow it. But to answer your question: If it were me and the HOA changed the way it operates, to offer a service that is not mandated in the CC&R's and expected me to pay for it, I would be ticked and would rally the other homeowners in the same boat to fight it.

Studies show that 5 out of 4 people have problems with fractions

MelissaP1 (Alabama)
Posts: 13,836

Posted:

When you increase any expense in a HOA you increase the amount EVERYONE pays whether they benefit from it or not. We had a swimming pool. Only 25% probably used the pool while the rest wanted to bury it under. However, since our HOA provides a pool as part of it's attractiveness to buyers, ALL owners must pay for it.

So if your going to increase the dues to cover the extra service, then do it across the board. Otherwise, make it an option for each owner who wants it to make the arrangements privately with the lawncare provider. Your asking for trouble otherwise.

Former HOA President

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