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KathyF10 (Georgia)
Posts: 3
Posted:
My HOA sent me letters indicating I needed to weed treat the lawn. The second letter threatened a fine. I purchased and dispersed a store bought weed treatment and emailed a picture of it. The admin assistant said she would attach it to my file as confirmation of weed treatment. I should be good right? Two months go by, I now have a letter in the mail stating there is a $750 fine on my house now for the weeds in my yard ($25/day which is apparently Okay in GA). Can they do this? I feel bewildered and don't know what to do to avoid further fines! Obviously weed treating and letting them know wasn't enough! What are my rights? Please help!
KerryL1 (California)
Posts: 14,550
Posted:
Say, Kathy, did you send only a pic of a weed product? And no pic of your weed free yard?

Yu'll get sme good replies, I'm sure but none of are lawyers & so don't know your legal "rights."
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kathy

Is your lawn still weed infested?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kathy,

I suspect that the issue was too many weeds in the yard.
The indication of a weed treatment was likely a suggestion on how to address the issue.

Sometimes, it requires a couple of treatments to address the issue.
Then you need to remove the dead weeds and, perhaps, add soil and seed to reestablish the grass.

As John asked, is your yard still full of weeds?

If it is, or if it now has a lot of bare spots, you need to take steps to address.

My suggestion is to ask for a hearing and politely explain the situation, the steps you have taken and are still taking to address the issue along with the desire to comply. Then ask that the fine be waived or be waived upon remedy of the situation by mm/dd.
KerryL1 (California)
Posts: 14,550
Posted:
Take Tim's advice and throw yourself at the mech of the board. If, od g f course, you have time-stamped pics of an weed-free years with grass replacing the weeds, by all means show the Board.

Whether it's legal for the board to charge you $25/day for not fixing the violation I can't say. You'd have to turn to GA law or your wine governing documents to see what the Board must do to fine you so heavily.

It seems to me, that you should have received a 2nd and third warning after, say, 10 days and 20 days or some such. But the Board may not be required to keep after you.
KerryL1 (California)
Posts: 14,550
Posted:
Take Tim's advice and throw yourself at the mech of the board. If, od g f course, you have time-stamped pics of an weed-free years with grass replacing the weeds, by all means show the Board.

Whether it's legal for the board to charge you $25/day for not fixing the violation I can't say. You'd have to turn to GA law or your wine governing documents to see what the Board must do to fine you so heavily.

It seems to me, that you should have received a 2nd and third warning after, say, 10 days and 20 days or some such. But the Board may not be required to send follow-ups or reminders.
GlenL (Ohio)
Posts: 5,491
Posted:
Whatever you do, do not ignore this, people can and have lost their homes over less. And before Melissa chimes in with her often posted erroneous statement of you can't be foreclosed on or lienned over non-payment of fines, I would advise you to check with your attorney. While that advise is apropos for CA & FL it doesn't apply to all states.

Studies show that 5 out of 4 people have problems with fractions
KathyF10 (Georgia)
Posts: 3
Posted:
This isn't an issue over a couple years. My yard has always looked the same, and pretty well the same as all the others. I've never gotten a letter until we changed management this summer. We mow it, keep it neat and trim. We weed treat. We still have a few weeds as everyone else does, but it's not infested. So I was shocked that we received a letter in October about weeds in the lawn. My neighbors removed their yard to plant seeds that didn't take this summer, and their yard is literally all weeds and mud. They haven't gotten a single letter!! I almost feel singled out for some reason. But whatever, we wanted to be cooperative. The letter stated, to remedy the situation, please treat your lawn for weeds. We bought a weed treatment, applied it, told the Property Management Assistant, she said we were good!!! Then the next month we get a $750 fine. If that wasn't going to suffice, they should have said something when I asked what they wanted me to do! This time I have formally requested a hearing and no one is even responding!! Legally they can fine me this every month, then lien my property. Without getting a response on my hearing request, I don't know what to do. There isn't a whole lot I can do in December; the yard is brown! Thank you for all your thoughtful replies. It's ruining our family's Christmas season :-(

I attached a picture of our yard from October, if you wanted to give more advice. I'd appreciate it.
KerryL1 (California)
Posts: 14,550
Posted:
You should be dealing with the Board via pics of your lawn etc. A mgr. Asst. has no authority to say you're OK! You need something in writing.

Did you formally request a haring ins writing to the board via your PM (Not the asst.)?

Are hearings required per your governing documents and/or GA state laws about HOAs? They are required in CA, but every state is different.

It seems possible that you mistakenly were targeted instead of your neighbor??

Do you have any neighbors who you can turn to who more knowledgeable about your HOA and your Board??
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KathyF10 on 11/30/2015 1:28 PM

I've never gotten a letter until we changed management this summer.

You may want to review the Associations contract with the MC.

Some contracts state that the MC keeps all or a portion of any fines. This can represent an additional revenue stream which can make an MC a little more aggressive on enforcement. However, even if there is no additional revenue stream, some MC's can be over zealous in enforcement simply to show that they are doing something.

Pictures of neighbors yards and, perhaps a shot of multiple yards showing that yours is no different or better, yet you appear to have been singled out can be helpful as well (if properly presented).
KathyF10 (Georgia)
Posts: 3
Posted:
Well, I wasn't sure what to do as it's never happened to me before! I just followed the instructions in the letter. Which were to contact them at such and such a phone number and email address. Which I did. There was no talking with the PM, only her assistant who was in charge of infraction resolution. I'm hoping it was a miscommunication? The 'fine' letter stated that they haven't heard anything from me to date about the issue. Which was blatantly false. Definitely a mistake to not request a hearing. Unfortunately for the board, I will have to do this every time I get a letter; which has been monthly from this company. If you guys could see my yard compared to my neighbors!! They don't even lay mulch in the plant beds or trim!! Part of me wonders if it's because my husband is an officer, and whoever doing the inspections sees the patrol car and doesn't like police? I really hope that's not it.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KathyF10 on 11/30/2015 2:11 PM

I just followed the instructions in the letter. Which were to contact them at such and such a phone number and email address. Which I did.

I hope you utilized e-mail vs. the phone.

With e-mail, there is additional documentation.
With a phone conversation, it becomes an I say, you say argument.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KathyF10 on 11/30/2015 2:11 PM
Well, I wasn't sure what to do as it's never happened to me before! I just followed the instructions in the letter. Which were to contact them at such and such a phone number and email address. Which I did. There was no talking with the PM, only her assistant who was in charge of infraction resolution. I'm hoping it was a miscommunication? The 'fine' letter stated that they haven't heard anything from me to date about the issue. Which was blatantly false. Definitely a mistake to not request a hearing. Unfortunately for the board, I will have to do this every time I get a letter; which has been monthly from this company. If you guys could see my yard compared to my neighbors!! They don't even lay mulch in the plant beds or trim!! Part of me wonders if it's because my husband is an officer, and whoever doing the inspections sees the patrol car and doesn't like police? I really hope that's not it.

Kathy

Quite the opposite. Most would cut a police officer some slack as they feel he could "pick on them" quite easily.
KerryL1 (California)
Posts: 14,550
Posted:
With due respect to Tim & JohnC, Kathy put everything in writing. JohnC's last remark, in fact, has nothing to do with helping YOU! But....he cant resists!
PitA
Posts: 1,416
Posted:
No telephone

No email

No personal contact

EVERYTHING in writing, certified mail (KEEP THE RECEIPT STAPLED TO A COPY OF THE LETTER), sent to:

(agent's name)
REGISTERED AGENT
xyz HOA, Inc.
(address)

[All corporations in All fifty states are required to have a 'registered agent' for legal contact purposes, albeit some may have slightly different nomenclature - contact your state's 'secretary of state' for further info]

INCLUDING a request to 'cease and desist' subject to further legal action

then

FOLLOW THROUGH if necessary

or

move to a NON HOA location and forgo all the drama
KerryL1 (California)
Posts: 14,550
Posted:
PiTA is right, Kathy! (Except fleeing an HOA--I like ours!)
LauriceM (Virginia)
Posts: 4
Posted:
Go to your next board meeting. Get as many neighbors to go with you as possible. During homeowners concerns stand up and plead your case. Make sure you say that you have not gotten a response about the requested hearing. Bring all your documentation. It's possible management has not contacted the board and is doing this on their own.I am a firm believer in the power of numbers. The more homeowners at the meeting the better.
LauriceM (Virginia)
Posts: 4
Posted:
Go to your next board meeting. Get as many neighbors to go with you as possible. During homeowners concerns stand up and plead your case. Make sure you say that you have not gotten a response about the requested hearing. Bring all your documentation. It's possible management has not contacted the board and is doing this on their own.I am a firm believer in the power of numbers. The more homeowners at the meeting the better.
KerryL1 (California)
Posts: 14,550
Posted:
I like Luarice's strategy, Kathy!

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