HOA won't landscape a dead area to match the rest of the community

Started by MikeR • 18 replies • 1852 views

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MikeR (Utah)
Posts: 68

Posted:

A year ago I moved into a gated community of 124 duplex homes. My question is concerning a piece of common area between my neighbor and my home. This piece of ground about 20 feet wide at the back has never been maintained in anyway over the last 18 years. When the community was new it had been covered with a ground fabric and bark. Today most of the bark and fabric is gone exposing the dirt below. After moving in I noticed that every other area like this was planted with grass so I asked the HOA President why this piece of ground was not like the others and he told me that it was left that way by the developers and would remain that way. After some debate he said they would put some bark down. Now our documents are very clear about the maintenance of the common areas by the HOA and I want this piece treated the same as every piece like it in the community.

Shouldn't this piece be treated the same?

PitA
Posts: 311

Posted:

yes, it should

however

when you bought it was bark mulch

the pres said it would be replaced

done

MikeR (Utah)
Posts: 68

Posted:

The problem with mulch is that it doesn't last and they have already said the I will have to replace it from this point on. It should look like all other areas in the community. Shouldn't it?

PitA
Posts: 311

Posted:

yes

if you feel so strongly raise the issue at the next BOD (if open) or Member's meeting

or

seek legal redress under the 'equitable servitude' principle

(we'll see how it goes, NPS)

MikeR (Utah)
Posts: 68

Posted:

I will have to check this out.

Any other thoughts?

KerryL1 (California)
Posts: 14,550

Posted:

Sure your HOA should maintain it since your governing documents say they should. The question is how to get the Board to act on this. And to continue to maintain it properly.

As PitA says, go to an open meeting of the Board with pics, the covenant article number and state your case. If UT doesn't require boards to hold open meetings, US-mail the above to every member of your board and your prop. mgr. (if you have one.) Send it return receipt requested. State your case. Perhaps your affected neighbor would sign on the letter too.

If no Board action, get on the board yourself or go to court.

I'm guessing you'd like a magic-bullet reply--but this is all the is (I think!).

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MikeR on 05/26/2015 10:14 AM

Any other thoughts?

Ask, instead of the Association applying mulch, would they allow you to plant grass at your expense?

MikeR (Utah)
Posts: 68

Posted:

They would jump all over that concept and I would do that if it was the only way, but this is a common area that belongs to the HOA and they should foot the bill and maintain the yard just as they do everyone else's. I pay $260 for this to be maintained properly.

PitA
Posts: 311

Posted:

so spend upwards of $2000 for an attorney to petition for an injunction

PitA
Posts: 311

Posted:

or

if you feel so strongly raise the issue at the next BOD (if open) or Member's meeting

MikeR (Utah)
Posts: 68

Posted:

We have a document that determines what my responsibilities are and it also outlines their responsibilities. I have to maintain mine. Is it to much to expect them to maintain theirs?

PitA
Posts: 311

Posted:

in far too many instances YES

next time CAVEAT EMPTOR

KerryL1 (California)
Posts: 14,550

Posted:

No, it's not "too much to ask." the problem as mentioned above, is HOW do you get them to do it?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MikeR on 05/26/2015 12:26 PM
They would jump all over that concept and I would do that if it was the only way, but this is a common area that belongs to the HOA and they should foot the bill and maintain the yard just as they do everyone else's. I pay $260 for this to be maintained properly.

Mike,

The Association must maintain the existing common area. As others have pointed out, the existing area was mulched when you purchased. The Association has agreed to keep the area mulched. Hence, they are maintaining the area.

Meet them half way and you may gain support from the board and, perhaps, even make a friend or two.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mike

Seems you want them to maintain this area different then originally maintained. Granted they may have not done a good job of maintaining it as originally maintained and this needs to be corrected and it seems they have agreed to do such.

They are correct, you are being presumptuous.

MikeR (Utah)
Posts: 68

Posted:

I think that the area needs to look like the rest of the community. Nothing more nothing less.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MikeR on 05/26/2015 5:38 PM
I think that the area needs to look like the rest of the community. Nothing more nothing less.

We understand that.
However, Boards have the responsibility to maintain things as they are.
Improvements are discretionary.

Your Board is willing to maintain the area as it was when you purchased your home.
Nothing more, nothing less.

I know that this isn't what you wanted to hear.
That is why I suggested the compromise of you offering to plant the grass.

Another option would be to do the leg work for the Board and get prices on what it would be to add mulch vs. what it would cost to prep and seed the area. Perhaps, the cost will be different enough to sway the Board.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By MikeR on 05/26/2015 5:38 PM
I think that the area needs to look like the rest of the community. Nothing more nothing less.

And just where does it state that in your governing documents?

Merely being required to "maintain" a patch of ground does create any sort of mandate to plant one thing or remove another. By giving the association the authority and responsibility to maintain the common areas, the declarant clearly intended that individual homeowners are not responsible or authorized to maintain them. The board has the discretion to decide how this particular part of the common area should be maintained.

Your complaint is that you do not like the way the board maintains the common area next to your home. You seem to be holding the board to a standard that is not found in the governing documents. Among your remedies are just learning to live with it, amending the CC&R's to require the association to adhere to a specific landscape plan, running for the board, suing, and moving. Take your pick although personally I do not think you have any basis on which to prevail in a lawsuit.

MikeR (Utah)
Posts: 68

Posted:

I guess some of you missed the part where I said this patch of ground had not been maintained for 18 years. Our CC&Rs are really clear as to who maintains all common areas and it is also clear what the standard should be. This morning I meet with two board members and the business manager and was told that they where behind me on this and would make sure that the landscaping would happen.

Whats important is to read and understand what the documents say and believe that most of the board will follow through. The president made this his mission to determine the out come then sell me on the fact that the board was behind him. I guess they are not.

Thanks for some of your solutions. I think I was ready to offer to pay for the sod. Looks like I won't have to.

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