Landscaping damage resolution procedures

In addition to educating homeowners on what services are and aren't provided by the association, you may need to set some standards as to what is and isn't allowed on the lawn. For example, those rose bushes may need to be closer to the house or certain types of landscaping lights may need to be prohibited because they get in the way of a landscaping worker with a riding mower (that's what they use in m community).

If people want this stuff on their lawn, it should be THEIR responsibility to make sure the stuff doesn't get in the way of the landscapers - otherwise, they're responsible for damages because they knew about the lawnmowing service and had to know a rose bush smack in the middle of the lawn could be a problem. Or you can cut out the lawnmowing services altogether and let the homeowners be responsible for that too - then they can put whatever on their lawn - within reason, of course.

For problem resolution, I would insist on proof that the landscaping company is at fault - time and date stamped photos of the area before and after the damage would be a start. Don't tell me homeowners can't do this - you take a photo with your cell phone and if you don't see any problems after the landscapers come through, simply delete it. These days more and more people have Ring or similar systems that can pick up footage.

You shouldn't have forever to file a complaint - if the landscapers came through on, say Monday, and were there from 2 pm to 6 pm, I would expect the property manager to get the complaint no later than 72 hours (3 days) after that. They can do this via email or a phone call - preferably both, so you don't get arguments over if/when a complaint was received.

You should also talk to the vendor about preventing problems - I'm sure this isn't the first time they've received complaints like this. There's also the chance they have workers who are simply being careless, running down a bush because they were in a hurry - and it was big enough to be seen, so they could have gone around it. As soon as something breaks, they need to stop and photograph it (time and date stamped again) to protect themselves. Perhaps they should say something like "if you have landscaping lights so high" or plants in the middle of your lawn, we won't mow that lawn at all - the homeowner will have to call us and make arrangements so the work can get done without damaging the area.

By now, you may have enough complaints to notice certain trends that might justify the board establishing standards as to what is and isn't allowed on the lawn. For instance, you might have to say shrubs need to be planted closer to the house so they don't get run over or limit the number of landscaping lights. Conduct a poll among the homeowners to see what they think or charter an advisory committee to explore the issue in-depth and it can make recommendations to the board. Perhaps certain exterior changes will need prior approval by the board via an exterior change request - check your documents to see what it says, as you may already have the power to do that.

That is what I am in the process of doing - creating guidelines that eliminate obstacles for the landscapers. So when an owner has something damaged that did not meet the guidelines the problem resolution will be simple.

My question has more to do with those areas that become more questionable, that are not possible to predict. What is the process for deciding whether or not the owner is reimbursed for damage?

Thanks. I like that approach.

Thanks. So it really comes down to, if the homeowners decide they are unhappy with the service, then they can ask the board to consider hiring a new company. I see the advantage to that approach.

Let me add do NOT get tempted in signing multi-year contracts with lawncare. It does NOT mean you can't keep the SAME contractor every year. It just means that if you hire a bad one, your not stuck in a contract for multiple years. Plus it allows for new negotiations on the new contract.

For me, I had a map of the entire HOA. With that map I detailed the lawncare needs and wants of each lot owner. I could then give that list to the contractor to reference and the BOD. It helpful tool to use when interviewing contractors as well. You may find some owners want more than they need so making an approved list limits crossing some lines.

We also allowed the owner to pay for above normal services with the lawncare SEPARATELY from the lawncare contract. Let's say they want their bushes trimmed but not in contract. The owner can if contractor likes, pay them separately for the additional work. This would be between lawncare and contractor NOT the HOA.

Lawncare is complicated so do get multiple bids. Define your needs. Be aware of where the lines lay between HOA responsibility and lawncare contractor. The HOA may act as a mediator between owner/contractor. It doesn't mean taking on the responsibility.

Moderator - please remove BrookeW.

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