Shocker - Neighbor finally painted fence!

Glad it's worked out.

I don't know what will happen with your neighbor going forward, but at least they now realize you aren't afraid to stand up for yourself and actually know what you're talking about. You knew the rules - the same ones they had access to (if they bothered to read them, but didn't). Sometimes that's all it takes to let people know you aren't the one - cussing and yelling isn't necessary. It's unfortunate this took two years, but it may be the neighbors did while and the HOA board (or the association attorney) let them know what the deal was.

This is what I think people should remember regarding rule enforcement

(1) take the time to learn the damned things (2) comply with them - it'll save a lot of time, money and drama

(2) try to work it out with your neighbor first - if it doesn't work and things escalate, let THEM explain why they behaved like jackasses

(3) if the rules really don't make sense, don't ignore them - lobby to have them changed so they do make sense

(4) don't be afraid to go to the mat - sometimes people scream lawsuit to make you blink, so you have to say (as you have) okie-doke, we'll wait for the summons and then we'll get down and see who wins
(5) there will always be some pushback, but if you're going to have rules, the board needs to be willing to enforce them. At the same time, there may be extraordinary circumstances that warrant some sort of variance, so try to have some flexibility

(6) have an appeals process - it's only fair to give the homeowner a chance to explain what's what

(7) Occasionally, publish something in your newsletter or website (preferably both) highlighting certain rules. For example, spring has sprung in many areas, so why not post a reminder that certain exterior changes require pre-approval from the board? Make it easy for people to file requests (online forms are really helpful here.)

(8) document everything. Yes, verbal agreements can be valid, but the paperwork gives both sides better support because memories can fail and people lie about what and when they said something

I might add that the no-dig fence was only 4 ft tall. We wanted to confine our small dog for the fall and winter months. It would not work with larger dogs. They could easily jump the fence.

I think that's a bit harsh. She's blowing off steam. She's seeing some progress on a multi-year issue. A really *stupid* one, but - who amongst us doesn't have some kind of stupid idiosyncratic long term issue with a neighbor?

Bill

I personally find it useful to model this venue as a situation comedy like Newsradio, or maybe Parks and Recreation: we've all got personalities. We like some posters more than others, and that changes by the minute. And the worst of us can sometimes be good, and the best of us can sometimes be complete bastards.

Bill

anyone who has time to complain about what kind of grass is in their neighbors yard and admitting it's not even an HOA rule about species of grass is privileged. 1st world problems for sure.

I agree. We had a neighbor over seed with winter rye. His grass was green all winter. He received a warning and stopped doing it. We are big on Appearance Consistency. The fact that we do all landscaping helps us maintain this look.

this is so hillarious. My lawn is ugly dead brown in winter, so I want everyone else's lawn to look ugly like mine.
Yes you can't make this s**t up folks. Lemming logic I guess. And I thought making your grass look nice was the whole point. Silly me for that independent logic. back to your brainswashing.

My former HOA of 107 did provide lawncare to every member and common areas. It was part of the dues. Plus it was the ONE rule the HOA had was to provide lawncare. It was in our CC&R's that is what the HOA was to provide.

How they did this was because ALL the property around the homes were considered "Common Property". You owned the house and the lot the house sat on. Everything else was "Common". You did have "exclusive use" of some flowerbed area around the house. Plus could do more inside the common area between house and road with approval. Keep in mind our property was the size of a postage stamp. My backyard measured 7 feet across from retaining wall to house. We could put a fence up and do our own "lawncare" in the back. If you wanted that mowed had to unlock your gate to let them in.

At the time lawncare was about $2500 split amongst 107 members. Keep in mind that didn't mean "Paying members". We still had to mow yards for those who did not pay. It was common area after all. We just went after them to pay their dues. Witholding mowing services wasn't part of the threat.

Allowing the property around the homes to be "common" meant that EVERY member "owned" the property. It wasn't like you were trespassing across one's yard if you cut across to a neighbor's house. Making it all common allowed us the rights to enter the property to correct or enforce violations. It did have benefits as well as downsides.

My current HOA is still developer owned. They only mow the "common" areas and not that well. We have a few retention ponds and a few "traffic islands". Which they are charging us way to much for. Plus not doing it 90% of the time. We just had an uproar in our neighborhood over it. The MC claimed "ignorance" but lots of neighbors posted copies of emails sent to her requesting something be done.

So we do pay for lawncare but not for our own homes. The MC comes around monthly and fines/warns people about their weeds or yards etc.. Unfortunately, my neighbor next door isn't doing anything "wrong" with the different grass. It just looks terrible. I try my best to make sure it doesn't spread to my yard.

I'd saw our landscaping costs make up 20-25% of our monthly assessment because it covers lawn care (mowing, raking leaves in fall and sometimes reseeding and fertilizer), as well as snow removal, flowers in the planter at the clubhouse and tree care (several dead branches on the tree in front of my townhouse were removed recently). Our assessments are approaching $200 a month.

If your fines aren't working, they may be too low. It's not about making them a money making venture, but should be hefty enough to give people pause if they continue to maintain jackcked up yards. Repeat offenders may require more action,but are you willing to take this to small claims court? What if the homeowner is elderly or disabled and can't maintain the lawn? You'll definitely wind up on the local news action line report- or part 2 of John Oliver's HOA segment.

You may want to walk around and take photos of some of the godawful yards (don't show the address number - people will know whose house is who's) then send a letter to everyone. The letter should state this is an example of what's happening all over the community. Not only does thus violate community rules, this us what visitors and potential homeowners see - and that may explain why homes don't sell. And we know that can ultimately impact property values.

Ask the homeowners to weigh in on whether the association should take over lawn care and to what extent, Yes, assessments will increase to pay for it, so if they don't want the $500 a year to jump to $700 sooner rather than later, they need to do better. In the meantime, fines will be increased and stronger measures will be considered. If people prefer to hire their own landscaping, that's ok.

My former HOA had around 2000 homes. The original covenants specified that the HOA would maintain the small-ish front yards, meaning turf (with extensive irrigation system), trees and bush trimming. Owners needed permission to plant other things in the front yard and were generally denied.

Could your HOA get the votes to amend the governing documents thusly?

If yes, then could the minority take the HOA to court and successfully argue that the amendment was not reasonable and so would require 100% owner approval to take effect? Maybe.

LayaS, yes, landscaping was completed section by section. Yes, where each section was maintenance-wise varied somewhat. If I recall correctly, the landscaping crew was there four days a week. It was not a big deal to chart where each section was on the maintenance schedule. The only maintenance that sometimes yielded non-uniformity and so complaints was leaf removal. The HOA paid the irrigation water bill (on the order of $200,000 per year in 2010). As the cost of water rose over the years, the HOA sought to keep the assessment low and so reduced landscaping services. Which of course is a common mistake made by many associations. Yards became weedier and weedier. Tree roots were lifting driveways (and threatening home foundations?). Shrubs were dying, due to stingy irrigation by the HOA. Twenty-five years into the life of the enormous subdivision, a board suddenly shut the water off (in violation of the covenants). People could xericscape (and were offered packages through the landscaper, with the board in support). They could also water their lawns on their own. No lawsuit ensued as far as I know. It was a gradual metamorphosis to a pretty deteriorated state.

Do you mean $700 per home per year which would make it $87.50 a month per home for lawn service for 8 months which would only be $21.87 per week. That seems unusually low. Or is my math that off? Does the HOA budget subsidize that in its overall budget?

Your math is right. Plus a HOA that has a pool has higher insurance not only lawncare expense. Our insurance cost was about $2300 for 10 months. It was NOT a full year of payments. Plus Lawncare is only April to October time frame. Not paying a full year of lawncare either. The math would change slightly because it's not a 12 month expense. Which is a good thing because that allowed us to get some money under our belt during October to March into our budget.

Another example of the savings the HOA may have by paying for lawncare as a "group" is that it is less expensive that way. My non-HOA house it cost me $50 per mow every 2 weeks on average. Our HOA dues was only $50 a month. Which included lawncare, garbage pickup, insurance, and other HOA amenities. It was way more expensive not to be able to share in "group" breakdown versus individual expense.

Thank you, John, and thanks to everyone else who weighed in.

I’m going to run the idea past our Board and our ACC. Where it will likely get squashed like a bug. It would be a very big project: we’d probably need to set up an entire new “Landscape Control Committee” and that is not a good thing in my thinking. On the other hand, I suspect it would cost out to be a lot cheaper than what people are paying to do it for themselves. Also, a lot less stress over dealing with violations, fixing problems (*another* ice storm!), and so on.

*sigh* of course, it’s also 8am as I write this. I find that my cynicism grows as the day progresses.

Again, thanks, and I’ll update if anything happens.

Bill