HOA Wants To Dictate Yard Maintenance etc.

Hello,

The HOA sent me a letter saying that I must edge and trim my yard and pressure wash my driveway. I usually edge but have not this year. The driveway does not need pressure washing.

Here is an excerpt from the covenants.

“Except to the extent such maintenance responsibility is assumed by the Association pursuant to Subsection (b) hereof, all maintenance and repair of a Lot, together with all portions of the Townhouse and other improvements thereon or improvements appurtenant thereto located within the Appurtenant Easement Area of a Lot, shall be the responsibility of the Owner of such Lot…. Each Owner shall also be responsible for maintaining his Lot in a neat, clean and sanitary condition, and such responsibility shall include the maintenance and care of all lawns, trees, shrubs, hedges, grass and other landscaping contained within such Lot.”

I take this to mean that the owners have responsibility and the HOA has no power in this area. It is something I have maintained at board meetings over the years. Now I have this letter; I don't mind keeping the yard up , but not because the HOA says so.

Any comments would be welcome. This is in Georgia.

You might not think the driveway needs washing, but you live there and sometimes we really don't notice a problem because we've become used to its appearance and don't see what others see. It may be easier to notice if the lawn needs edging.

That said, I think boards should start by focusing on things that are really obvious like lawns that have dead spots everywhere or oil on the driveway. Its also possible everyone received the same letter - the board might not feel you have a problem but there are a few homes that do. By sending everyone the same letter, you might prevent more homes from looking raggedy.

Read the letter again- was it a friendly reminder or a "do this with 30 days or else" letter?

I've heard driveways should be washed at least once a year, but depending on how much use it gets and your weather, you may be able to stretch that to every 18 months. You might want to ask the board why it feels you need to do this now. Take a picture of your driveway and bring that with you - they may have noticed something months ago that's no longer the case. Or it really is messy and you should clean it.

I have had the same violation letter myself. At the time my edger was broken so had not been able to edge. (A neighbor helped). This year now trying to get more of a regular mowing routine. My driveway people often use to turn around in. Which then leaves tire marks. Does not help the ground is red clay dirt. I expect will have to clean that soon.

Yes, the HOA can do this and most do. You want a "uniform" look to increase potential buyers to purchase. A neighborhood that is full of unmowed and not well kept yards doesn't entice many to buy.

My CC&Rs have a passage that is worded very similarly to yours.

A few years ago, the board received complaints about a yard. She got a letter and responded by arguing that, since there were no written rules describing the standard to which the owners had to maintain their lots, it was completely up to the owner.

Our attorney concluded (with 5 pages of legal analysis and references) that the passage is really saying that the owners have the responsibility to DO the maintenance, and the board/HOA has the authority to DEFINE what maintenance needs to be done. Absent a written maintenance standard, he said it would be most fair to use the standard that was in place while the community was under Declarant control (also unwritten, but sales pictures and other references made it very clear).

Please keep in mind that there may be differences between my situation and your own that make the above not applicable.

The Declarant's standard was too strict for our community, so we decided to resolve it by creating rules about maintenance standards. It wasn't a perfect solution. It was a lot of effort for the committee. It took about a year and cost about $1,000 (legal review, special meeting to adopt, notice to owners). Enforcement is still at least somewhat dependent on the subjective opinions of the homeowners (who may complain about their neighbors' yards), the inspector, and the board.

If you want to seek clarification, I would start by politely asking a few questions. Does your community have a written or non-written, formal or informal maintenance standard (could be a rules or guidelines document, a resolution, or even just notations in the minutes)? Is enforcement complaint-based, or are routine inspections done? What does the inspector look for? Would the board be willing to give an educational presentation about the enforcement process at the next open board or members meeting, or remind everyone of the standards and rules in a letter or newsletter?

If you disagree that your yard currently needs the maintenance the board is asking you to do, there is probably a way to request a hearing. If you are granted a hearing, remember to be polite, bring evidence, and seek solutions. Many people bristle when they get an enforcement letter--criticisms of our homes feels really personal!--but being polite goes a long way towards getting what you want.

If you feel that the maintenance expectations in your neighborhood are unclear, inconsistent, change at the whim of each new board, are poorly communicated, or are unevenly applied, a written maintenance standard might help. Maybe you could start drafting one to propose at the next meeting of the members. Many communities have their rules posted online. Maybe you can find one you like, to use as a template.

Also, be sure to vote for board candidates that share your perspective regarding yard maintenance--or run for a board position yourself.

Margaret,

That's good information, thanks.

Dear LAWRD, there are some HOA's here in Vegas that are very nit picky and would cite you for tire marks in your driveway and apron.
You power wash your driveway and BAM! you pull your car in and there are the tire marks, again.

To the OP, yes your HOA can and has a legal obligation to ensure all owners follow the CC&R's. What don't seem important to you vastly differs
from the standards that are drafted in each communities covenants.