Homeowner required to maintain common area?

Were your actual Bylaws changed to do this? If that area is described as common property in your Declaration and/or Bylaws then it is the association that must maintain it. Only a vote by the homeowners using the procedure described in your documents can change this responsibility. The Board has no authority to do it on its own.

Mary,
The above posters have it right. The B.O.D. cannot just change your responsibilitiy for care of the "buffer zone" at their will. Most likely that area is common property and is the responsibility of the association for care. You said it was done thru an amendment? Did you and the other owners who are now required to care for this area, vote "YES" to do the maintenance? If you did not, then it surely was not an amendment to your Documents as you would have been given the chance to vote yes or no.Look into that.

Mary,
Board of Directors cannot pass amendments to your C.C.&R's The residents must do that. You need to reread the quorum ---2/3rds item again. A quorum of directors is needed to vote on Board decisions or to hold a meeting. In your case, 2/3rds of 3 is 2. Perhaps, to pass an amendment, you must have 2/3rds of the owners to pass an item? This would make more sense. If it says" A quorum of the membership, that would be 2/3rds of all owners OR 2/3rds of votes cast. It depends how it is written. But no Board has the right to change your covenants by amendment by themselves.

What state are you in? I have never heard of a 2/3 vote of the Board to change the covenants either, its usually 2/3 of the members.

Mary05,
Why am I not surprised to find you are from SC. You may want to use the search feature and look at some of my posting about SC and HOA's and Condos.

I agree with all that has been said and know that what ever documents you are operating under is not the State Statute, The Corp Laws of SC, the Declaration or the Master Deed or By-laws or this command to mow common areas. I would start by taking your documents to your County Councilman and have him pass comments on what he is reading. He may be evasive but he will tell you some about where to go for adjudication. Go to the county court house and get the original CC&R's and all othe documents filed that established your regime. You can do this on the net by looking at your county records department. While there go to zoning board and ask for a copy of the Master Plan for your area. Go to State Business filings on net and plug in name of your HOA, copy all this stuff.

If I am wrong it won't be the first time but from what I am reading you need to know a lot more than what you do. I would also request a clean copy of your current CC&R's from the Board.

Do you have a management Company? I hope not, as they could be doing a disservice to the Home owners.

Also, a warning. I would request a meeting with the Board and take explicit notes or record the meeting. Also, before you start all this ask around and see if there is anyone else likeminded, get support. You may not need it, who knows?

Once I have gotten as much information as you can gaither quietly, see what sense it makes and above all, be cordial, polite, non-confrontational, and know wexactly what you want to say and the questions you want to ask.

I must add, this is a new one on me.

Let us know.

How do you get your e-mail address to someone posting on this site. I think I have done it but right now, I haven't a clue.

For MaryD5

MaryD5: You need to determine if, indeed, it is the Board (only) who has total authority to change the official documents by creating an amendment to them--this one: to change the responsibility of maintaining a specific area of what is 'common' ground'. Normally, it is by a percentage vote of the unit owners to change the declaration and bylaws, and in this case, it is changing the actual parameters to become homeowner responsibility. Review your covenants to determine if the 'buffer zone' by the pond is stated as common ground, also review your plat plan, and if necessary, check that out with your municipality office.

You need to become clear on what an 'amendment' is to the official documents versus a rule or regulation which the Board can introduce or change. Review your covenants to determine if the 'buffer zone' by the pond is stated as common ground, also review your plat plan, and if necessary, check that out with the Land Development Office at your local municipality. They had to give approval to the developer for the layout of the land and buildings.

IMO, the Board is in error to 'pass' this onto a few homeowners, and they are further wrong in fining if homeowner responsibility is not accepted. Once you get the land development people involved, you should have a clearer understanding of the situation.

Further, based on your statement..."the HOA is trying to save money (for what?) and that is why they are delegating the maintenance of some common areas to the homeowners." --it sounds like they have not opted to cover maintenance costs by 1) raising the assessment fee; 2) contract with a new maintenance vendor who charges less; 3) reduce costs long-term with other planting, horticultural options.

The option they have chosen to use is not a good one, nor IMO, is it valid.

Welcome back Paul, if you haave been away, and if not, welcome back anyway.

The CC&R's and the board clearly indicate that this buffer zone is a common area of responsibility and is not restricted to one homeowner's use. It is there for all to enjoy. I, too, am concerned about liability. Some of the homeowners are retirees who have difficulty working along the bank. If they are unable to do the work, they may have to hire a landscaper, so there are additional costs involved. There are alligators on occasion in the pond. This requirment is listed under the rules section of the CC&R's. I need to check out what they mean by buffer zones next to lots and the homeowners' responsibilities for those zones.

If you were interested in moving to my neighborhood, you may want to check out this website that provides a link (on the left side of the page) to the development and the HOA CC&R's:

http://197649mhock.yourkwagent.com/

Sorry, you'll have to navigate some to find them. Click on the Coatbridge neighborhood website link. Once you reach the Coatbridge website, click on FAQ's. Scroll down to find the links to the CC&R's.