Sprinkler System

PatB14 (Louisiana)
Posts: 6

Posted:

I am in Peppertree HOA in Shreveport, La with my home being on the front street outside the gate. The sprinkler system for the front street has not worked the entire summer and we have been in a drought all summer. I started calling the first of June and called almost every week since then. There is always an excuse as to why it has not been repaired. The entire system works inside the gate, so my zone is the only one not working. What can I do other than call each week. The sprinkler system is included in the grounds maintenance in the HOA contract. I have watered my yard some and my water bill is more because of this, yet I'm paying the monthly HOA fee which includes the sprinkler system. As I have spoke with the manager each week is there another recourse. I have thought about getting a lawyer to write a letter thinking this may encourage them to get it repaired. I would appreciate suggestions.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By PatB14 on 10/13/2022 9:27 AM
I have thought about getting a lawyer to write a letter thinking this may encourage them to get it repaired. I would appreciate suggestions.

I reviewed the Louisiana HOA statute. I think the above is the route you pretty much have to start taking.

You could try a letter like the following first:

==========
Dear Board of Directors,

The covenants at section ____ state that the HOA shall provide irrigation water to each lot. Louisiana Revised Statutes § 9:1141.8 indicates the covenants have the force of law between the HOA and individual lot owners. Please let me know when the HOA will repair the irrigation system. Also I request reimbursement in the amount of $____ for the water for which I have paid to irrigate my lawn.

Please provide your response on these two matters (repair of the system; reimbursement for the cost of water) by October 27.

Thank you,

name
address
phone
email addie
==============

Send the letter registered mail, return receipt requested to the registered agent for the corporation. See the Louisiana Secretary of State site for the name of the registered agent and hopefully, the mailing address.

As is common with HOAs, you are in a bad position here. You may have to hire an attorney to threaten suit. You may have to pay a few thousand dollars, just to start, to the attorney. If the board finally caves in (without going to court), then you will not get this money back.

AugustinD
Posts: 1,027

Posted:

RS 9:1141.8

SUBPART C. ENFORCEMENT

§1141.8. Community documents; force of law

The community documents of residential planned communities shall have the force of law between the homeowners association and the individual lot owners and as between individual lot owners. The remedies for breach of any obligation imposed on lot owners or the association shall include damages, injunctions, or such other remedies as are provided by law.

See https://legis.la.gov/Legis/Law.aspx?d=106636

MichaelT21 (Arkansas)
Posts: 462

Posted:

Pat,

The cheapest option is to see if there is a Board position, then join the board, and see if you can be the point person to get this fixed. Then depart the board after it is fixed.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By PatB14 on 10/13/2022 9:27 AM
I am in Peppertree HOA in Shreveport, La with my home being on the front street outside the gate. The sprinkler system for the front street has not worked the entire summer and we have been in a drought all summer. I started calling the first of June and called almost every week since then. There is always an excuse as to why it has not been repaired. The entire system works inside the gate, so my zone is the only one not working. What can I do other than call each week. The sprinkler system is included in the grounds maintenance in the HOA contract. I have watered my yard some and my water bill is more because of this, yet I'm paying the monthly HOA fee which includes the sprinkler system. As I have spoke with the manager each week is there another recourse. I have thought about getting a lawyer to write a letter thinking this may encourage them to get it repaired. I would appreciate suggestions.

What are the "excuses" that you have been given so far?

KerryL1 (California)
Posts: 14,550

Posted:

Aug's letter looks good. Include in it how long you've been without service.

MaxB4
Posts: 3,513

Posted:

Before I start writing letters and spending one red cent on an attorney, since the inside sprinklers work, if the outside sprinklers actually are maintained by the City and not the HOA.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MaxB4 on 10/13/2022 11:07 AM
Before I start writing letters and spending one red cent on an attorney, since the inside sprinklers work, if the outside sprinklers actually are maintained by the City and not the HOA.

Yep. There are also many questions that should be asked here before you start giving people potential legal solutions. It's a shame. Maybe the website name should be renamed HOALegalTalk.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By JohnT38 on 10/13/2022 11:25 AM

Posted By MaxB4 on 10/13/2022 11:07 AM
Before I start writing letters and spending one red cent on an attorney, since the inside sprinklers work, if the outside sprinklers actually are maintained by the City and not the HOA.

Yep. There are also many questions that should be asked here before you start giving people potential legal solutions. It's a shame. Maybe the website name should be renamed HOALegalTalk.

Agree

KerryL1 (California)
Posts: 14,550

Posted:

To me, a letter such as Augustin suggested is a perfect way to try to get a response for lack of service. That's not some kind of "legal" activity. The HOA's rep, whether a director or a PM need to tell this Owner if her water source is maintained by the City.

Even if it is, it's the HOA's job to provide her with water.

AndrewS10 (North Carolina)
Posts: 9

Posted:

Kerry,

Based on your responses lately either you are either Augustin or you should just get a room already

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By KerryL1 on 10/13/2022 12:31 PM
To me, a letter such as Augustin suggested is a perfect way to try to get a response for lack of service. That's not some kind of "legal" activity. The HOA's rep, whether a director or a PM need to tell this Owner if her water source is maintained by the City.

Even if it is, it's the HOA's job to provide her with water.

The problem is we don't know what the "excuses" are and what information has been given to the OP. In my opinion is too early to start suggesting that any letter be sent. Background info matters. I'm not saying this is true but for all we know they have valid reasons for the delay.

AugustinD
Posts: 1,027

Posted:

The letter asks when the repair will be complete. The letter asks for reimbursement for water. I do not see what the problem is with politely asking for these things.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By AugustinD on 10/13/2022 1:27 PM
The letter asks when the repair will be complete. The letter asks for reimbursement for water. I do not see what the problem is with politely asking for these things.

Depending on the reason for the delay the OP may not be entitled to any reimbursement. Also, what calculations would you use to decide how much the HOA owes him or her? Is it based on trust? In addition no one forced this person to use the extra water. Should the other owners have to pay for these additional expenses? Like I said before, we need more info.

AugustinD
Posts: 1,027

Posted:

I agree the dollar figure for the water bill simply cannot be computed with any kind of accuracy.

Nonetheless, the HOA was supposed to pay for the water; did not; and saved some money.

If I were on the board, I would compute some nominal value to compensate the owner for the cost of watering.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By AugustinD on 10/13/2022 2:06 PM
I agree the dollar figure for the water bill simply cannot be computed with any kind of accuracy.

Nonetheless, the HOA was supposed to pay for the water; did not; and saved some money.

If I were on the board, I would compute some nominal value to compensate the owner for the cost of watering.

We once had an issue with the underground sprinkler system in an area that covered the front entrance and along the road. This happened in early August. I don't remember the exact dollar amounts but the guy we used said it would be cheaper in the off season to do the repairs. We decided to put off the repair until November or later to save money. Some people did not like this but we did it anyway.

My point is sometimes there may be valid reasons why a Board does not promptly make a repair. I would be interested in knowing how big an issue is the problem in the OP's case? What are estimated cost of repairs? Could it be they are taking there time researching solutions or getting multiple quotes? Has the OP been given any information on why the repairs have not been done?

KerryL1 (California)
Posts: 14,550

Posted:

Look, I agree the Board may have valid reason for not providing the OP water. So I think it's very reasonable to ask what these reasons are in a letter. Does anyone here think that she must phone someone every week?

PatB could share you here what these "excuses" are?

I also think that asking for reimbursement at this time isn't an issue to get stuck on. And that even talking about any kind of legal action is premature.

PatB14 (Louisiana)
Posts: 6

Posted:

I have called for over four months. At first it was someone had cut a line. Then the person they had to work on the system didn't know how to correct the problem. He had told them the city needed to put in a new value which the city did and it didn't correct the problem. Another person started and I was told he replaced a valve. When I called last week he was still trying to find a problem. I don't understand in over four months a problem couldn't be located. There has been many excuses since I first called. The manager always says she is doing the best she can.

PatB14 (Louisiana)
Posts: 6

Posted:

When I moved to this HOA my sprinkler system worked until this last two years. I am not on city water for the sprinkler system and the sprinkler system is part of my HOA's agreement.

PatB14 (Louisiana)
Posts: 6

Posted:

I have called for over four months. At first it was someone had cut a line. Then the person they had to work on the system didn't know how to correct the problem. He had told them the city needed to put in a new value which the city did and it didn't correct the problem. Another person started and I was told he replaced a valve. When I called last week he was still trying to find a problem. I don't understand in over four months a problem couldn't be located. There has been many excuses since I first called. The manager always says she is doing the best she can.

AugustinD
Posts: 1,027

Posted:

Sounds like incompetent landscapers.

Pat, do you know whether the board is even aware of this problem?

Are board meetings there open to owners?

Do you know who the directors are?

TimB4 (Tennessee)
Posts: 21,059

Posted:

I suspect that nobody mapped the system when it was first installed (or the original installer did map it and kept it for themselves). Therefore, one could spend hours simply trying to identify all the pipe lines and valve boxes.

Not a great answer, but it might help you understand the issue.

Are you only talking with the property manger or directly to the board as well?

KerryL1 (California)
Posts: 14,550

Posted:

Echoing Tim's question, just WHO have you been talking to, Pat? Do you have anything in writing from "them?"

Open meeting complaints is a possibility, if your board holds them. Many boards discourage individual maintenance issues at open meetings, BUT when the Board can't seen to handle their responsibilities, it sometimes is necessary.

PatB14 (Louisiana)
Posts: 6

Posted:

The board does know of the problem. I have not been to meetings so not for sure if or when. I only know the manager and did talk to one member of the board when I first started to call.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

you've been in a drought and you want to water your lawn?
Most cities ban such behavior. Have you ever considered why that's not a good idea?

vis ta vie

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By JohnT38 on 10/13/2022 2:24 PM

Posted By AugustinD on 10/13/2022 2:06 PM
I agree the dollar figure for the water bill simply cannot be computed with any kind of accuracy.

Nonetheless, the HOA was supposed to pay for the water; did not; and saved some money.

If I were on the board, I would compute some nominal value to compensate the owner for the cost of watering.

We once had an issue with the underground sprinkler system in an area that covered the front entrance and along the road. This happened in early August. I don't remember the exact dollar amounts but the guy we used said it would be cheaper in the off season to do the repairs. We decided to put off the repair until November or later to save money. Some people did not like this but we did it anyway.

My point is sometimes there may be valid reasons why a Board does not promptly make a repair. I would be interested in knowing how big an issue is the problem in the OP's case? What are estimated cost of repairs? Could it be they are taking there time researching solutions or getting multiple quotes? Has the OP been given any information on why the repairs have not been done?

I don’t know how any excuse is the OP’s problem. If they can do it cheaper off season, that would mean one homeowner is compensating the entire community, which clearly isn’t right. The HOA is not fulfilling their duty, it is costing this homeowner money.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By DavidG45 on 10/14/2022 5:06 AM

Posted By JohnT38 on 10/13/2022 2:24 PM

Posted By AugustinD on 10/13/2022 2:06 PM
I agree the dollar figure for the water bill simply cannot be computed with any kind of accuracy.

Nonetheless, the HOA was supposed to pay for the water; did not; and saved some money.

If I were on the board, I would compute some nominal value to compensate the owner for the cost of watering.

We once had an issue with the underground sprinkler system in an area that covered the front entrance and along the road. This happened in early August. I don't remember the exact dollar amounts but the guy we used said it would be cheaper in the off season to do the repairs. We decided to put off the repair until November or later to save money. Some people did not like this but we did it anyway.

My point is sometimes there may be valid reasons why a Board does not promptly make a repair. I would be interested in knowing how big an issue is the problem in the OP's case? What are estimated cost of repairs? Could it be they are taking there time researching solutions or getting multiple quotes? Has the OP been given any information on why the repairs have not been done?

I don’t know how any excuse is the OP’s problem. If they can do it cheaper off season, that would mean one homeowner is compensating the entire community, which clearly isn’t right. The HOA is not fulfilling their duty, it is costing this homeowner money.

You don't know if they are fulfilling their obligation or not because you don't know exactly what is causing the holdup. If you re-read my comment above the point was there may be more to this story than all of us, including the OP, knows. We make too many assumptions here.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By TimB4 on 10/13/2022 4:28 PM
I suspect that nobody mapped the system when it was first installed (or the original installer did map it and kept it for themselves). Therefore, one could spend hours simply trying to identify all the pipe lines and valve boxes.

Speaking from the experience of being the board's landscaper liaison for a 2000 home HOA where the HOA was responsible for irrigation of the front lawn: At most, finding a break in the water line and what valves supply the water line would take hours. Four months? No, this would be incompetence by some party or another.

It's remotely possible that some part cannot be obtained, due to pandemic-related shortages. But if so, one would think the HOA would tell the OP this.

The OP is paying for irrigation water and system service. She has repeatedly asked what's going on. She's not getting answers for why the latest delay is occurring. Hence I think an elevation in tone is warranted.

PatB14 (Louisiana)
Posts: 6

Posted:

As of now the system has not been repaired for my zone. When I called last week, I was told it would be repaired by next year. The repairmen can't find the problem as of this time. So if it isn't repaired by next year, I will decide then what to do. I appreciate all the comments.