Rule or Restriction

Started by DaveC10 • 8 replies • 1176 views

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

⚡ Takes 30 seconds

Already a member? Log in

DaveC10 (Wisconsin)
Posts: 8

Posted:

Our HOA rules/restrictions do not contain any language regarding howmeowners maintaining lawns in reasonable care. We have had 1 or 2 homes that have let their properties become overgrown with grass and weeds and neighbors complaining.

My question is, if we were to draft a paragraph to address this, would this fall under the rules section? This would allow the board to draft and approve the addition. If a restriction, it would require a simple majority vote of all homeowners.

I believe it would be a simple rule that the board can handle. Unfortunately, our attorney is out on maternity leave so I am submitting my question to the community.

RichardP13 (California)
Posts: 3,868

Posted:

As long as the CCRs give the Board the authority to create "reasonable and fair" rules and regulation, then, yes, this would be considered a rule that the Board could implement.

You would need to check to see if there are any state or governing document requirements requiring proper notice to homeowners.

KerryL1 (California)
Posts: 14,550

Posted:

i've learned form this Forum that a good place to start is to check with your city/county, which probably has weed control statutes. Their wording might help your board with yours. You'll hear from others who know a lot about such things.

I assume your CC&Rs permit the Board to make Rules and I'd say that's what you want to do: make a rule. Your docs or the state may have certain procedures to follow to make a new rule. Our state does.

DaveC10 (Wisconsin)
Posts: 8

Posted:

Thank you. Always appreciate the professional/prompt replies..

TimB4 (Tennessee)
Posts: 21,059

Posted:

Dave,

Every set of CC&Rs I've read has something about prohibiting noxious or offensive activities that crate a nuisance or annoyance to the neighborhood.

If your CC&Rs do not have a section of keeping the home in good order and repair, then this is the section of the covenants a board would claim is being violated. However, as others have said, if the grass is high enough and the Association doesn't want to get involved, then the county or city health department should be contacted as the tall grass is seen as a health issue.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 08/11/2016 3:50 PM
Dave,

Every set of CC&Rs I've read has something about prohibiting noxious or offensive activities that crate a nuisance or annoyance to the neighborhood.

If your CC&Rs do not have a section of keeping the home in good order and repair, then this is the section of the covenants a board would claim is being violated. However, as others have said, if the grass is high enough and the Association doesn't want to get involved, then the county or city health department should be contacted as the tall grass is seen as a health issue.

I agree with Tim. Look for a catch-all phrase in your docs such as "maintain community standards" which would cover a slovenly looking home/lot.

JoyceR2 (Virginia)
Posts: 156

Posted:

Check the By-laws.

JamesG11 (Florida)
Posts: 118

Posted:

I have to believe that your documents address the general issue of "property maintenance" or "lot maintenance." That is where you will likely find the authority you need.

If not, look to see if your docs prohibit "nuisance" activities. That would be a potentially useful provision to cite -- provided that your state's case law on "nuisances" would allow overgrown, weed-infested lawns to qualify.

Re: the issue of rule-making authority, be careful. I have seen many documents where Boards are empowered to make rules governing use of the common areas, but not given express authority to enact rules dealing with private property.

If all else fails, use this as an opportunity to amend your documents to address the existing deficiencies.

PitA
Posts: 1,416

Posted:

As per the "International Property Maintenance Code" used by many jurisdictions:

Lawns are limited to 12" height.

That is correct: 12 inches

One man's nuisance is another man's meadow (or garden).

If the Covenant and Restrictions do not specify, local code will prevail.

Typically, a BOD may NOT create a rule affecting private property (as opposed to community owned 'common grounds') unless the actual Covenant authorizes same.

So, unless there is some sort of restriction on lawn care SPECIFICALLY in the Covenant y'all are S/O/L.

🎯 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