💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MikeB13 (Illinois)
Posts: 2
Posted:
I found out recently that my hoa board has been maintaining the lawn and landscaping of an adjacent subdivision. This has been going on for as long as I lived here (been about 5 years). What recourse do I have in this matter? This adjacent subdivision's property in area would be about 30% the size of our true common areas. So basically we are paying at least 30% more for our landscaping per year.

Our hoa docs are pretty standard. We are setup as a non-profit corporation. The bylaws clearly state that the hoa's purpose is to maintain our common areas. This is a community of single family homes with some common areas around 3 ponds.

I am pretty angry about this, but the board brushed it off by saying that if we don't do it, the other subdivision wouldn't cut it. I'm assuming the county would cut this area if they didn't and really either way it's not my problem.

thoughts? Mike
GlenL (Ohio)
Posts: 5,491
Posted:
Yes technically, they shouldn't be using HOA funds to maintain the area but it all depends on how neat you and your neighbors want the area to look? The City / County will make the other subdivision cut it when it gets to a certain point often between 12 to 24 inches depending on the ordnance. That is after someone calls to complain, they send an inspector out and cite the owner. And as the shampoo bottles state, rinse and repeat throughout the growing season. The good news is that after a number of years of maintaining it (check state laws), the HOA may be able to claim the area under adverse possession laws.

Oh, and local vermin will nest in the tall grass, so when the mowing starts, you have a 50/50 chance on whether they will migrate into your neighborhood or the other subdivision.


Studies show that 5 out of 4 people have problems with fractions
JoK2 (California)
Posts: 198
Posted:
Most can appreciate your anger and outrage over this, and it's too bad the board brushed it off. Once your anger settles down, you should canvas your neighborhood to find out how the rest of the HOA feels about it and go from there. It's possible that everyone agreed at some point to keep it up for the reasons that Glenn stated. It's also possible that the board decided to do it, and whether they can or can't do that is in your Bylaws.

Keep in mind that if you want more answers you want the board to be your friend, so ask your questions in a manner that builds relationships with the board and the neighbors.

And prepare yourself for not liking the answers you find, such as the majority of the HOA is fine with it, and won't help you fight it if you feel it's necessary. There was a similar question asked here regarding a pool I think and even though everyone else was fine with it, the OP was ready to do battle. Talk about an emotional toll that would take.

You can also ask yourself how you will feel about it this issue in 12 hours, then 12 day's then 12 months or even 12 years. If your truthful with yourself it's a good way to keep your emotions out of the decision.

Good luck!
TimB4 (Tennessee)
Posts: 21,062
Posted:
Like Jo, I can also understand your outrage.

You may want to review the minutes of the Association and see what initially brought this about. Was it a contractual agreement between the two subdivisions? Was it decided by the members or simply the Board? Was it to correct an issue brought to the Board by the membership? etc.

Once you know some of those answers, you will be better informed to make a decision on how best to address the issue.
MikeB13 (Illinois)
Posts: 2
Posted:
I should add that the adjacent subdivision is comprised of $1M+ homes. From looking at the meeting minutes it seems like they wanted to put up an additional entrance sign on the other subdivisions property. Ironic that they had already spent over fifty thousand for one on our common area. This was before the housing bubble crashed btw. I'm okay with them doing this additional cost if it was a voluntary fee. It is dishonest to not disclose these things. I am guessing I should ask them for a refund and see what they say.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Mike,

We are a subdivision (subdivision A) within a subdivision (subdivision B). Subdivision B wanted entrance signs at all the entrances into the subdivision. Subdivision A owns the land that one of these entrances is on. The agreement between the two subdivisions was that Subdivision B could, at their cost, place an entrance sign on that property providing Subdivision B also maintained the agreed upon area around the sign to our standards. Subdivision B agreed and a landscape plan was also agreed upon for the sign area.

Therefore, based on our experience, what is happening within your Association would not be considered uncommon.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here