Charging Homeowners for mowing

Is there anyone that is doing this, that is, when a homeowner does not keep up his lawn the HOA hires someone to mow it and then the HOA assesses the homeowner for the labor? We've been getting mixed input as to whether this is legal or not. I'm in Texas.

Hi Daniel:

We have a highly unsual situation, where the Lot owner lives in another state and has somewhat abandoned the house. We have the HOA's landscaper go in to maintain, charge us completely separately for billing on it, and then we charge the amount against the account (which is delinquent...). I would not use Association personnel to do the job, use an outside contractor, if you choose to do it. I would only recommend it in very unusual circumstances and only in accordance with your HOA's enforcement policy - and after assessing fines. Our policy gives us the flexibility to keep adding daily fines, rather than going in to clean up.

JPM

This is really iffy. Even the police will not enter a property without a court order (unless it is an emergency.) I'm surprised your landscaper will do this. Many contractors will not enter a property or perform work under non-owner instructions without complete assurance of no liability. So of course the association by ordering the work would be liable for any actual or perceived damage. Why would you want to put your association in that situation? Have you gotten legal advice? Harold

I forgot to mention that during "wildflower season" we DON'T do any mowing. We have a variety of wildflowers that grow all over including blue bonnets, wine cups, blanket flowers and indian paintbrush. It is absolutely beautiful to see!

We charge for gardener services. We have small back patios open to the common area. My neighbor rents and the owner completely ignores the property. So we charge him $25 a month and our regular service goes in and weeds.

Hi Daniel:

I certainly hope that it’s legal. I and the board I currently service on have been advised by our PM to impose “self help” which is basically a landscaping service that requires payment up front and the HO is billed the finial cost. They will perform the duty to put the HO is compliance immediately.

We first notify the homeowner found in violation notice. According to our governing documents the HO found in violation has 15 days to be found in compliance before they are subjected to any fines. The first initial fine is $25.00, the board then permits the HO an additional 15 days before we impose “self-help” at $40.00 So when all said and done the violator has 30 days before we impose “self-help” to be found in compliance.

We have also resorted to calling the country. They, depending upon the state in which you live will issue a fine if over a certain height as well. I reside in Georgia, it maybe different in Texas.

I believe ours is 8” which is very noticeable before the country will bill the HO and have it mowed.

Some governing documents permit board members to “trespass” onto a HO property without notification also.

Best of luck.
I hope this helps.

Chuck W.