CarolK10 (California)
Posts: 7
Posts: 7
Posted:
our HOA had to put a lien on one of our home . The owners have failed to pay their assessment for over a year. My question is can the Board suspend landscape services?
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suspending services for a house that there is a lien
Started by CarolK10 • 18 replies • 421 views
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DavidG45 (Delaware)
Posts: 994
Posts: 994
Posted:
That sounds like a self-defeating idea.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By CarolK10 on 06/04/2021 9:53 AM
our HOA had to put a lien on one of our home . The owners have failed to pay their assessment for over a year. My question is can the Board suspend landscape services?
our HOA had to put a lien on one of our home . The owners have failed to pay their assessment for over a year. My question is can the Board suspend landscape services?
It would be foolish to suspend landscaping as they may not take care of the place.
CarolK10 (California)
Posts: 7
Posts: 7
Posted:
My question is it legal to suspend landscape services. Yes, it would result in this house not looking well kept, but would that possibly encourage the owners to pay their assessment? Or would it bring more attention to others in the community that something is wrong, neighbors may ask the owner what is wrong? My thinking is if we don't pay our electric bill, water bill, etc. service is cut off. Why would this be any different?
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
Quote:
Posted By CarolK10 on 06/04/2021 10:05 AM
My question is it legal to suspend landscape services. Yes, it would result in this house not looking well kept, but would that possibly encourage the owners to pay their assessment? Or would it bring more attention to others in the community that something is wrong, neighbors may ask the owner what is wrong? My thinking is if we don't pay our electric bill, water bill, etc. service is cut off. Why would this be any different?
My question is it legal to suspend landscape services. Yes, it would result in this house not looking well kept, but would that possibly encourage the owners to pay their assessment? Or would it bring more attention to others in the community that something is wrong, neighbors may ask the owner what is wrong? My thinking is if we don't pay our electric bill, water bill, etc. service is cut off. Why would this be any different?
Is it legal, yes. Is it responsible, absolutely not. If I were the neighbor(s) living on either sign and you didn't maintain that unit, I would be pissed, as it does effect my property(s).
CarolK10 (California)
Posts: 7
Posts: 7
Posted:
I would be upset too if my yard started to look bad BUT would that make the owner think twice about paying their assessment? I would think neighbors would ask them questions about that. Would it encourage them to at least talk to the Board about a payment schedule?
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
Quote:
Posted By CarolK10 on 06/04/2021 10:47 AM
I would be upset too if my yard started to look bad BUT would that make the owner think twice about paying their assessment? I would think neighbors would ask them questions about that. Would it encourage them to at least talk to the Board about a payment schedule?
I would be upset too if my yard started to look bad BUT would that make the owner think twice about paying their assessment? I would think neighbors would ask them questions about that. Would it encourage them to at least talk to the Board about a payment schedule?
Would it make them think twice, who knows, but the biard has a duty to the neighbors also, who do pay their dues.
AugustinD
Posts: 3,698
Posts: 3,698
Posted:
This site suggests to me that suspending landscaping services is not advisable: https://www.davis-stirling.com/HOME/Suspending-Privileges
Toss in that if an elderly member who is not receiving the required landscaping services trips and falls on account of high grass, then I'd say the HOA gets to pay for her hospital bills and pain and suffering.
Toss in that if an elderly member who is not receiving the required landscaping services trips and falls on account of high grass, then I'd say the HOA gets to pay for her hospital bills and pain and suffering.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I think it's reasonable to suspend services that are niceties (access to the pool or clubhouse) but not those that are necessities (municipalities often fine owners who fail to keep up their property).
As others said, "legal" doesn't necessarily mean "smart".
As others said, "legal" doesn't necessarily mean "smart".
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Our HOA if you had a lien or we were foreclosing you still got your lawn mowed. The HOA was responsible for lawncare. Plus our yards are all connected. Can't skip one. However, we did restrict the owner or their tenants from clubhouse rentals, pool, and other amenities. They still could have garbage and recycling. We aren't monsters! LOL!
Former HOA President
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Assume you're on the Board, Carol?
what do your governing documents, maybe your CC&Rs maybe your bylaws, say about suspending or withholding amenities or services. I don't think you can suspend anything unless indoor documents.
If you may suspend, see if there are other things you might withhold? gym? Pool? Cable TV? I agree with others that suspending landscaping punishes too many innocent owners.
what do your governing documents, maybe your CC&Rs maybe your bylaws, say about suspending or withholding amenities or services. I don't think you can suspend anything unless indoor documents.
If you may suspend, see if there are other things you might withhold? gym? Pool? Cable TV? I agree with others that suspending landscaping punishes too many innocent owners.
EileenS5 (California)
Posts: 9
Posts: 9
Posted:
First off I've been through this. I became sick and was 3 months behind on my dues.
At some point the HOA could start foreclosure proceedings on you and you could lose your home. Luckily my disability went through in time for me and I was able to pay everyone off.
Funny that I was delinquent at BofA on my mortgage for 6 months and they never once tried to foreclose on me. Although I hate BofA someone was guarding over me.
ERS
At some point the HOA could start foreclosure proceedings on you and you could lose your home. Luckily my disability went through in time for me and I was able to pay everyone off.
Funny that I was delinquent at BofA on my mortgage for 6 months and they never once tried to foreclose on me. Although I hate BofA someone was guarding over me.
ERS
EileenS5 (California)
Posts: 9
Posts: 9
Posted:
I don't think its legal to suspend any services, just as it is not legal to turn off rents amenities. Check with Davis Sterling for specifics about this. I know they can foreclose on you and yes, take your home.
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
Quote:
Posted By EileenS5 on 06/04/2021 4:29 PM
First off I've been through this. I became sick and was 3 months behind on my dues.
At some point the HOA could start foreclosure proceedings on you and you could lose your home. Luckily my disability went through in time for me and I was able to pay everyone off.
Funny that I was delinquent at BofA on my mortgage for 6 months and they never once tried to foreclose on me. Although I hate BofA someone was guarding over me.
ERS
First off I've been through this. I became sick and was 3 months behind on my dues.
At some point the HOA could start foreclosure proceedings on you and you could lose your home. Luckily my disability went through in time for me and I was able to pay everyone off.
Funny that I was delinquent at BofA on my mortgage for 6 months and they never once tried to foreclose on me. Although I hate BofA someone was guarding over me.
ERS
Under Davis-Stirling, in order to begin foreclosure procedures, you either have to be $1800.00 in arrears or 12 months, whichever occurs first.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Our CC&Rs and our bylaws both give our Board the right s to suspend privileges. We cannot, you're right, suspend water, gas, elevator. But we can suspend automatic access to our entry gate so a resident would have to get out of their car and use their fob to enter. We cannot, of course, keep them off the premises.
EileenS5 (California)
Posts: 9
Posts: 9
Posted:
This was back in 2013 I was only 3 months behind so I was only around $650 3 months behind in payments. maybe things have changed since then if not I got played big time
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
I agree, it is absurd to suspend the landscaping service, because the landscapers are still going to charge the HOA for the whole bill, that's not going to change. Second, if the HOA maintains the landscaping, they are likely paying for replacing dead or dying plants. Replacing all the dead plants is going to be an expensive bill to the HOA that EVERYONE pays for, that's not fair to the other owners.
I agree with suspending amenities, but not landscaping and gate access.
I agree with suspending amenities, but not landscaping and gate access.
EileenS5 (California)
Posts: 9
Posts: 9
Posted:
Did anybody go on to David Sterling website to research this to find out if this was legal to do? Last thing I heard when people were behind on their HOA fees they couldn't be punished by the HOA and it had to go through the proper channels. Just wondering if anybody checked on that. I'd be glad to if you let me know.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Quote:
Posted By CarolK10 on 06/04/2021 9:53 AM
our HOA had to put a lien on one of our home . The owners have failed to pay their assessment for over a year. My question is can the Board suspend landscape services?
our HOA had to put a lien on one of our home . The owners have failed to pay their assessment for over a year. My question is can the Board suspend landscape services?
Hi Carol,
I agree with the others that the HOA should not suspend landscaping services to the delinquent property as it will only punish the immediate neighbors by creating an eventual eyesore and degrade the community appearance ever-so-slightly.
That said, if your board is trying to get creative, simply enforce the lien in accordance with your state's collections procedures. It is MUCH more quiet as a procedural action and can proceed as you maintain the exterior of the property in question. Liens don't necessarily exist to simply "cloud" the property title, they are a procedural step towards the HOA collecting what was promised it by the property owner.
Anything less that lien enforcement, coupled with direct communication between the HOA attorney and the delinquent dues payer, is - at best - a passive-aggressive responsive response that will make you and your board very stressed. If you are the delinquent property owner and your HOA board is withholding services from you, please reach out to the management company and try to get back on track.
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