Grass cutting - common ground

Started by KimT2 • 8 replies • 1537 views

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KimT2 (Pennsylvania)
Posts: 23

Posted:

Our Covenants state the grass on the common ground is to be cut twice yearly. Since it is an extension of the homeowners yards(all board members) on the other side of the development it's cut every 10-14 days in the summer. We have 11 houses in our development and pay $4,000/year to cut the grass on the common ground.
My question is - how can it be enforced for us all to pay for this when the covenants state it's to be cut twice a year? We have asked for clarification from our board but have been ignored. We live in PA.

GloriaM (North Carolina)
Posts: 829

Posted:

Kim:

Twice a year for common area to be cut just is not sufficient. Unless it was a greenway then usually Parks and Rec's comes in and bushhogs 2x a year. But for common area in an HOA perhaps 2x per month might suffice?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Kim,
Go to meeting, ask the Board. Have question and answer made part of record.

If not satified, send board a certified letter with question, reference to documents, board response at meeting and ask for a written reply in ten days. If no conciliation, get some support from you neighbors and go to meeting together and be forceful and demand answers and action. Also remind them that it is their sworn duty to enforce the rules and documents. Get it all entered into record. Do not argue about it, state your case, request action, an don't argue. You have a right to do all these things, don't enter into argument, keep your cool and when you are finished and they still don't move, request the issue be taken to attorney for clarification with at least one member of your group attending.

KimT2 (Pennsylvania)
Posts: 23

Posted:

We'd love to have a chance to speak at a meeting. The problem is they don't have meetings - with the homeowners, that is. They say the board meets frequently, but no open meetings for homeowners to go to.
Our development is 4 years old and they've had one meeting with homeowners in this time.

KimT2 (Pennsylvania)
Posts: 23

Posted:

I'm only going by what our book of covenants says. Grass on common areas shall be cut twice yearly in the spring and fall. Now - if they wanted it changed they should have held a meeting to vote on changing it, correct? I was told you can't change the covenants, and we still don't have any by-laws.

RogerB (Colorado)
Posts: 5,067

Posted:

Kim, you asked "how can it be enforced for us all to pay for this when the covenants state it's to be cut twice a year?" The answer is, when your Covenants provide for assessments and your By-laws give the Board the authority to make decisions on expenditure of funds. If you, and a majority of the other homeowners, feel strongly that this is an improper expenditure, then try to change the attitude or composition of the Board.

KimT2 (Pennsylvania)
Posts: 23

Posted:

We don't have any by-laws. The board said they were working on writing them - in the last neighborhood letter we got.
The Pres. and VP are so hostile no one in this neighborhood wants to stand up to them except my husband and I and that's pretty hard when you don't have others backing you. I swear I could write a book about the way they've done things.....

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Kim,
You and your husband know the Pres and Vice President I assume,
Send each a registered letter that you request a meeting with either or both. Give them ten days to answer and inform them in the letter if they don't answer you, they can expect a letter from your attorney.

I would walk up to each and pose the above questions in person, if no response, document the conversation (write down what happened and date it and sign it), Request they sign it.

Then start the steps above. If they don't answer lawyer, take his advice on who to bring suit against, and ask the court for damages.

All we can give here is personal opinions and how we would react.

For me, it appears you have run out of excuses to letting some equal homeowner jerk you around. They are no different than you. If you can't speak for your self you have a problem. If you find advice here unacceptable, maybe you could go to a legal aid department and seek legal advice. If all you post is fact, those folks are out on a limb and it is past time for someone to cut off the branch.

KimT2 (Pennsylvania)
Posts: 23

Posted:

Thank you for your response. I like the idea of sending the Pres and VP registered letters. We have sent many registered letters in the past (addressed to the board), and have gotten no where. I did tell my husband it's time we hired an attorney to act on our behalf.
Like I said most of the people in our development do not like the way things are being handled, but won't speak up and say anything.
I won't go into great detail, as I have posted some of our problems with the HOA in the past. I will say that we are targeted by them because we do speak out, ask for meetings,ask to see the budget, etc.

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