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SharonK5 (Arizona)
Posts: 3
Posted:
Hi,

I am seeking advice and guidance on how to properly motivate homeowners to landscape their front yards. In the past, our very small, all volunteer HOA has been very laid back in requiring homeowners to take care of weeds and the proper landscaping of the front yards, based on the CC & R's. We now have a new board, including myself who are ready and willing to get our tiny community back on track. While we have been fairly successful turning around the weed control issue, we still have two homes that are not landscaped in the front yards.

Our CC & R's clearly state how the yard should be landscaped and the time frame upon move in date. Two of our resident homes front yards have not been landscaped. One has been all dirt for 13 years and the other home is currently for sale. We have written and asked both homeowners to have the area landscaped, providing a deadline date. We extended the courtesy of 6 months because of the hot weather, etc. To date, we have not received a response whether any action will be taken and we are coming up on the 6 month deadline.

I was wondering if anyone had suggestions for next steps we could take to get these front yards landscaped, sample letters, etc.

Thank you for any help you can provide us!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Define landscaping? That is the first issue. What does your HOA define landscaping and what is acceptable? It's like saying "All houses must be painted". Well I can paint my house with ketchup or any color. Landscaping is a very large area to cover.

I will tell you that some loans it is required to have certain landscaping features. Here many loans require that grass be planted/sodded up to the front and side of the home prior to closure. The backyard is not included. My ex had a house built and we had to sod the front yard the day of closing.

Not sure how your HOA will enforce this requirement. That will be the next hurdle...

Former HOA President
SharonK5 (Arizona)
Posts: 3
Posted:
Yes the landscaping is defined in the CC & R's. Both yards right now do not comply, as they are dirt.

Looking for the next step to take as it is defined for them.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By SharonK5 on 09/08/2016 12:46 PM
Yes the landscaping is defined in the CC & R's. Both yards right now do not comply, as they are dirt.

Looking for the next step to take as it is defined for them.

Send them a warning letter, stating the CCRs passage, then call them to hearing and if compliance is not met, fine then.
KerryL1 (California)
Posts: 14,550
Posted:
Richard's advice is sound. Or: is the problem that your HOA doesn't have a method by which to fine violators of your CC&Rs? Do you actually have a fining method and a schedule f fines?
SharonK5 (Arizona)
Posts: 3
Posted:
Thank you for your thoughts. We greatly appreciate the help from you both.

No, we do not have a fee structure for fines. Is there something you suggest?

Sharon
MelissaP1 (Alabama)
Posts: 13,836
Posted:
IF your CC&R's allow for fines it's best to set up a fining schedule. You will find that when you read that section about your HOA being able to levy fines, it lacks details. It just says "HOA may levy fines". A fining schedule would allow the HOA to send out to members what and how much the HOA fines for.

Former HOA President

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