Who pays to replace?

Started by LetA • 15 replies • 325 views

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LetA (Nevada)
Posts: 2,679

Posted:

HOA is responsible for the maintenance and upkeep for the front yard landscaping including repair and replacing
watering clocks, piping, back flow valves etc. Including changing the watering clocks on every house when the
seasons change per SNWA laws.

The developer installed a pipe and wiring for backyard landscaping to be tied into the watering clock in the front side of
the house.

Homeowners are responsible for purchasing and planting landscaping in the backyards.

The problem is the landscapers set the watering clocks for 20 minutes once per the 3 day allotment per week.
Homeowner now has lost 2 Italian Cypress trees and about 4-6 mix of crepe myrtles and Japanese boxwood.
Should the HOA be responsible for the replacement of these trees and shrubs because of the lack of watering
from the vendor?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

We have a similar situation. Our HOA is not responsible for backyard watering system control. The homeowner is

GregoryT1
Posts: 315

Posted:

In your state is there watering rules that has to be followed? Also do you have backyard spigots ?

TerriS6 (California)
Posts: 3,284

Posted:

Is the back yard common area? If not then the association shouldn't be responsible for watering. If private property, can the association determine what should be planted? If so, it should pay for water and replacing dead plants/trees.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I assume the plants that died were in the back yard? And the back yard is owned by the homeowner (not the HOA) and is the owner's responsibility to maintain?

If so, I don't see how the HOA can be held responsible for plants that weren't cared for.

On the other hand, if you believe that the water allotment isn't sufficient for an owner to care for the back yard landscaping, that's maybe a different discussion (assuming that the HOA pays for water).

On the third hand, if I were living in a dry area and there were questions about whether I'd be able to keep landscaping alive, I would plant drought-hardy plants and/or try to capture gray water. And maybe think about shlepping buckets of water from indoors? Homeowners can bytch at the board and the HOA, but all of the griping in the world isn't going to change Mother Nature's mind. You live with what she hands you, or you can curse the gods for your fate (they won't care either).

We're living in interesting times that are becoming more interesting every day.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LetA on 07/05/2024 6:08 PM

HOA is responsible for the maintenance and upkeep for the front yard landscaping including repair and replacing
watering clocks, piping, back flow valves etc. Including changing the watering clocks on every house when the
seasons change per SNWA laws.

The developer installed a pipe and wiring for backyard landscaping to be tied into the watering clock in the front side of
the house.

Homeowners are responsible for purchasing and planting landscaping in the backyards.

The problem is the landscapers set the watering clocks for 20 minutes once per the 3 day allotment per week.
Homeowner now has lost 2 Italian Cypress trees and about 4-6 mix of crepe myrtles and Japanese boxwood.
Should the HOA be responsible for the replacement of these trees and shrubs because of the lack of watering
from the vendor?

I need more information. If you are willing to respond to some focused questions here, please say so. You might have to dig deep into the covenants to get the answers.

ElleN (Idaho)
Posts: 4,420

Posted:

AI Response to "snwa laws nevada":

The Southern Nevada Water Authority (SNWA) has enacted several laws and ordinances to reduce water use, including:

Prohibiting new grass: This resolution prevents the installation of irrigated grass in new commercial and residential developments. Property managers and HOAs can receive cash incentives to replace non-functional grass with water smart landscaping.

Limiting residential pool sizes: This resolution limits new residential pools to a surface area of 600 square feet.

Banning new water features: This includes fountains on the Las Vegas Strip.

Limiting golf courses: This includes no new golf courses and more water limits on existing courses.

Prohibiting evaporative cooling: This applies to new commercial developments.

Water rates: The SNWA has adopted new water rates to support conservation.

The SNWA also has the power to limit residential water use to as little as 0.5 acre-feet per year per home, which is about 163,000 gallons. These restrictions would only apply if Lake Mead is projected to fall below 1,025 feet or the federal government reduces Nevada's Colorado River allocation to 270,000 acre-feet or less.

To me the above means LetA's situation may be one where SNWA laws clash with the covenants. This many have a domino effect on other covenants involving the HOA's and owners' respective maintenance responsibilities. Some of the covenants might be null and void on account of clashing with SNWA law.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By ElleN on 07/06/2024 8:24 AM

I need more information. If you are willing to respond to some focused questions here, please say so. You might have to dig deep into the covenants to get the answers.

The builder "declarant" installed a pvc pipe and 6 conductor wire to control servo mechanisms in watering systems that is connected to the same
water pipe and watering clock in the front yard that the HOA is responsible for maintaining.

The HOA is responsible for maintaining the front yard landscape including changing the watering clock when the season directs.

What if the HOA directs the landscapers to disconnect any backyard watering systems without notifying the owners?

What more would you need? The Covenant regarding "The HOA shall be responsible for maintaining front yard landscaping" is ambiguous
AF The PMC interprets that as the whole smash, Tree trimming, pruning. hedge trimming and blowing leaves & such from each front yard and weed
pulling and remediation when needed. The decision to maintain also included replacing broken or defective watering clocks, backdflow valves, piping
emitters, servos, regulators etc.

If the HOA controls the water flow in the front Water pipe, valves wiring water clock etc, the HOA should bear the responsibility of
water flow in the backyard. This I agree with the homeowner. Even if this owner installed a separate watering clock, the water pipe to the backyard
is still maintained by the HOA.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By GregoryT1 on 07/05/2024 8:46 PM
In your state is there watering rules that has to be followed? Also do you have backyard spigots ?

Yes and the water authority has water police too. Yes there is a spigot.. Watering clocks and drip systems are for convenience.
Spigot watering systems would not last very long because they would break being in direct sunlight and the water flow would lead to a
flood and a mess.

ElleN (Idaho)
Posts: 4,420

Posted:

LetA, all I have are more questions. E.g.

Is the HOA paying for the water that the owners use for their backyards?

Do the requirements of SNWA translate to the HOA having no choice but to turn off the water to the backyards at certain times?

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By ElleN on 07/06/2024 4:57 PM
LetA, all I have are more questions. E.g.

Is the HOA paying for the water that the owners use for their backyards?

Do the requirements of SNWA translate to the HOA having no choice but to turn off the water to the backyards at certain times?

Each homeowner pays for the water, front and back, The regulations from the SNWA says no watering during the day during the summer, can
water overnight. So in essence, the the ground get rock hard during the day so the water just runs off into the street for all the
front landscaping. The back landscaping is in raised beds, no water runoff.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LetA on 07/06/2024 7:40 PM

Each homeowner pays for the water, front and back,

And yet you posted that the HOA is responsible for the front yard maintenance.

Do the covenants actually say that each owner pays for their own front and back yards' water use? And further, that the HOA gets to decide how much water each owner gets to use?

MarshallT (New York)
Posts: 414

Posted:

I am doubtful that the HOA would pay for the replacement of the trees/plants. Assuming you can choose to have different plants in the back yard, it would probably be best to select ones that don't require so much water.

KerryL1 (California)
Posts: 14,550

Posted:

Marshall makes sense to me.

KerryL1 (California)
Posts: 14,550

Posted:

Marshall makes sense to me.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By MarshallT on 07/19/2024 7:15 AM
I am doubtful that the HOA would pay for the replacement of the trees/plants. Assuming you can choose to have different plants in the back yard, it would probably be best to select ones that don't require so much water.

The CC&R's state each lot must have X number of X gallon trees and shrubs.

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