Common Area and Georgia Buffer Zone

We have large Common Areas bordering on a small creek. There is a 50' Wetland/Georgia Buffer Zone on each side of the creek. Our Covenants state the Common Area is solely for egress and ingress. Recently we've had 2 owners who want to trim back the Buffer Zone. They have been informed that any work in the Common Area is to be done under Board Direction. Also we don't want to incur any penalties in the Buffer Zone. We recently had a homeowner mowing these areas. They were asked to cease for the reasons stated however ignored this request. A Warning letter will be sent to this Homeowner who has chosen to disregard the Covenants and the Board. We certainly don't want to incur any fines from the State. What other steps can the HOA take to prevent this behaviour?

Melissa, thank you for the reply. We can certainly can pass a fine to that owner should the State fine the HOA. The other issue is mowing in our Common Area or anything other than walking thru.

Dave,

You wrote that the area in question is "Common Area." Is this common area deeded to the association or does the association merely hold an easement over portions of one or more lots?

If the association holds the deed to the common areas, then the homeowner with the lawn mower is a trespasser and you may deal with him as such. Even if your covenants have no specific penalties for damaging the wetlands, as the property owner the association may still seek criminal and civil penalties through the courts. Also, if your association owns the common area then your HOA would be liable to the state for damage done to the buffer zone. (Keep that in mind before reporting anything to the state.)

On the other hand, if the association merely has an easement then things get trickier. Usually the exact wording of the easement will limit your remedies. If the homeowner has damaged the buffer zone on his own property, your association needs to determine whether it has any authority or responsibility to control the buffer zone. If no such specific authority exists, then your only remedy may be to report the owner to the appropriate state agency.

In re-reading your post, I note that your "Covenants state the Common Area is solely for egress and ingress." This language is often found in easements for roads. It also seems to be in direct conflict with the concept of the Wetland/Buffer Zone. I would therefore question whether the buffer zone is common area.

I will contact the DNR this morning to better understand the Buffer Zone. We have large grassy expanses of Common Areas which can be used for walking. The maintenance in these areas are to be performed by the Board or Agents thereof. Hopefully a warning letter will help and/ or involvement by the DNR.

Dave,

You may want to invite the DNR to do a presentation and Q&A at your next annul meeting (and perhaps your next board meeting) about what the Association may or may not do with that property.