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CurtR (Virginia)
Posts: 1
Posted:
1) Do the members of a HOA have the ability (can they as individuals) to hold back a small percentage of monthy HOA dues if the landscaping company FAILS to perform as stated in the contract between the company and the HOA?

2) What if the HOA BOD refuses to act against the landscaping company when shoddy or less than desired work has been performed and that poor performance is consistant!
RogerB (Colorado)
Posts: 5,067
Posted:
Curt, in answer to your questions:
1) Absolutely not.
2) First I would ask to review the landscaping contract. Then if the landscape company was not in compliance I would send a letter to the Board. Then if the Board did not take action, depending on the seriousness of the violation, you can consider trying to remove the Board members for their failure to act.

Are you ready to serve on the Board and do you know of a better landscape company for an equivalent cost
HaroldS (Arizona)
Posts: 906
Posted:
It is never o.k. to withhold dues if unhappy about something, even if you put it into an escrow account, because it creates a delinquent situation which could lead to foreclosure. You need to go thru the board with your issues, or even replace the board if necessary. No matter what, never withhold your dues or assessment payments. Harold
JoeW1 (New York)
Posts: 728
Posted:
CurtR - 1) No to witholding dues. You're a smart guy, so think about this. What is the portion you would withold? 2) There's nothing you can do to force the HOA BOD to be smart, sounds like they favor the contractor over the association's elements.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
CurtR:

You have recd many responses re not withholding monthly HOA dues because of poor landscaping from the contractor.

IMHO, your energy could be more effective if you direct it in reviewing the actual landscape contract, learn who is monitoring the landscape contractor re
his schedule to perform specific maintainence, learn who is approving the landscape invoices once the job/s are completed. A landscape contract should note specific times of the year when fertilizing, mulching, weed killer, fall clean-up, etc. will be completed. It is not unusual for residents to want to know what the landscape contract entails to be informed when the workers will be on-site to put down weedkiller, etc.

Perhaps you would want to volunteer time to work with the Board/Mgmt. Co. in ensuring the landscaper is observing his contract correctly and to the satisfaction of the community.

To enforce your position, it would also be well to network with other communities who have evidence of good landscaping maintenance done at reasonable rates.

RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By CurtR on 10/12/2007 6:28 AM
1) Do the members of a HOA have the ability (can they as individuals) to hold back a small percentage of monthy HOA dues if the landscaping company FAILS to perform as stated in the contract between the company and the HOA?

2) What if the HOA BOD refuses to act against the landscaping company when shoddy or less than desired work has been performed and that poor performance is consistant!

You can no more "hold back a small percentage of monthy HOA dues" because you are unhappy with the landscaping contractor than you can hold back part of your taxes because you are unhappy with the government.

Is it possible that you are the only one who feels the landscaper is not fulfilling the contract? Have you discussed this with the board members?

Ron
SC
AlexL1 (Florida)
Posts: 305
Posted:
YOu know.. it would have been interesting to have known WHAT TYPE of problems you were referring to...
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By AlexL1 on 11/18/2007 11:42 AM
YOu know.. it would have been interesting to have known WHAT TYPE of problems you were referring to...

Interesting, but not necessary.

Ron
SC
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Alex,
I, for one, agree there is more than meets the eye here.

Also, Landscaping can be a big hunk of your budget and don't get the attention it deserves. There should be detailed accounting of all monies spent on landscapin and: Landscaping.............30k, doesn't cut it.
What is included in typical landscaping care? I know what is included in mine and have some strong doubts about some items being charged to landscaping. I have never seen hours worked by X # of mem, what is their hourly rate, amd other things. In my place the subject is like trying to grab a eight legged skink (southern word). Anyway, it is a big project and ill defined as to accountability. Suppose a tree dies for no know reason, the grass turns brown when it shouldn't, the New Mexican Moth larva strips all the beautifyl oleander bushes, etc, etc. That's probable not in the day to day chores. Who sorts this out and how and what does it cost?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Let the Board know why and how you are dissatified with the landscaping job being done around the complex. Be as specific as possible. Get other members to register their concerns, also, or sign your letter. Ask for a report from the landscape committee on the issue.

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