Defining what "IT" is

Our covenants provide that the HOA will maintain the front of yard landscaping. Previous boards went along with the direction of the PM to include replacing dead or dying plants, bushes trees. Replacing trees
with evasive root systems and repair and replacing watering clocks and their components, i.e. back flow regulator, piping, water emitters, watering clocks, tubing, pipes etc.

Several times per year the water authority mandates that the watering clocks get changed to reflect seasonal water usage. That task is included in the landscaping maintenance contract. Recently a hometown
contacted the board requesting a refund to their water bill to cover the overage. Their claim is the landscapers incorrectly set the water clock causing the irrigation system to run continuously over 24 hours
causing their high water bill. After a series of back and forth emails, we the board decided to deny the request to refund the water overage.

Now the owner has hired an attorney and filed a complaint with the ombudsman office. The board position is we do not want to be bullied into paying someones water bill. If the water was flowing for over a 24 hour
period, someone should have noticed it and turned off the water to the irrigation "a home owner responsibility" We feel this water overage could have been from anything from a leaky toilet flapper or someone
turning the spigot on and letting it flow.

My position is we shouldn't be bullied into paying, this will only lead to more irresponsible water usage and people demanding refunds. I further feel that the board should redefine what "it" is and the IT
is re-defining what maintenance includes and excludes. Below is the covenant on the issue. The way I read is is the BOD can include what it is in the rules and regs and not have to amend the CC&R's to define it.

9.12 Landscaping. Within one -(I) year after conveyance of a Lot from Declarant to
an Owner, each Owner shall install landscaping improvements on all portions of such Owner's
Lot, including, but not limited to, side and rear yards. Prior _to installation, the landscaping
improvements described herein as -well as all other landscaping improvements on any other
portion of a Lot must be approved by the Architectural Committee in accordance with Article 5
of this Declaration. Front yard landscaping shall be installed by the Declarant. After
installation, the Association shall be obligated to maintain the front yard landscaping on all lots.
Each Owner of Lot hereby grants to the Association, its agents and assigns, an easement onto the
Lot for purposes of fulfilling the Association's maintenance obligations. The Board of Directors
may establish such additional Rules and Regulations relating to the maintenance of the front
yards as may be required. Such Rules and Regulations may include a description of the scope of
maintenance, the timing of such maintenance, and any other issue that may arise from time to
time.

The Attorney years ago reviewed the Association's maintenance plan and it goes above what any maintenance is. The Rules and Regs has nothing in regards to front yard maintenance.
The landscaper was notified and did not could not duplicate the owners concern.

The question remains, since the HOA trims the bushes, trees and shrubs. Should the HOA have to replace dead, or dying plants.

Add to that all components of the irrigation system, i.e. the watering clock, back flow valve, pipes et.

I made a motion to to ament the rules and regs to define what maintenance is. JMHO the HOA should be responsible for trimming, pruning and the blowing of leaves, debris from the front of yards.
I would go as far as saying yes to changing the watering clocks too, but in light of this situation, The HOAs should stay away from the watering clock to avoid issues like these.

Let the homeowners be responsible for the cost of new trees, bushes, shrubs and components of the irrigation system.

That is the issue Kerry, It is NOT defined. so far it has been assumed.

That was, Kelly, LetA., but I agree with her/him.

LetA wrote: "...the IT is re-defining what maintenance includes and excludes. Below is the covenant on the issue. The way I read is is the BOD can include what it is in the rules and regs and not have to amend the CC&R's to define it."

So....is there disagreement among board members about what obligations you want the HOA to handle that you wan to spell out in your rules?