Recovering Damages

Daniel,
I believe that you can recover the cost per the "recovering damages" clause that you posted from your Docs.

Daniel,
I certainly hope that your Documents continue on with the ability of the Association to cut or maintain a property with wording such as "the association shall have the right to enter a property in violation for the purpose of mowing, trimming or whever maintenance deemed nescessary" or something like that to cover your butts. A court order seems extreme and good docs will have an allowence for entry. Here again, an owner signs acceptance of these Docs when they purchase a unit within the developement and is required to abide by them.

We are located in VA. About 2 years ago we had a property owner who had no agreed to the HOA mowing his land. Our HOA does offer that service to the owners of empty lots. The HOA entered the property and mowed. The lot owner was furious. He threatened to sue because he was not given notice that the lot was going to be mowed. The HOA paid the bill. No where in our docs does the HOA have permission to mow individual lots..just the common areas.
MaryN

I don't think that any city or municipality will go onto an property within a property to mow or take care of a property. They might send a letter but will not go into the assoc. property.

DanielJ,

I too reside in Georgia. Unfortunately, I don’t know the state statues as well as I should, although I’m learning. I’ve been involved with association living ever since my wife and I moved here (2003). I’ve been a board member the last two years in an attempt to provide that “picture perfect” neighborhood to raise our family in. Our community is coming around (its taken a long time) its better than it once was, IMO. Although, it still isn’t what either my wife or I imagined our first home to be.

Covenants are one thing, enforcing them is a whole other story! The state will only do so much. I call the authorities concerning various violation (generally state ordinances) when the violation is NON-HOA related. The request goes in, but NOTHING is done immediately, but eventually.

Our community has several lots (single family homes) that are severely overgrown and are in need of lawn care. Even though our governing documents permit the board to enter the lot (attached) with proper notice, we personally won’t put the association in legal jeopardy. We have and continue to hire a third party service and bill the HO the accrued charges. The services hired are always licensed, insured and bonded, which will cover the association “IF” the lot owner decides to sue the association. We have NEVER been confronted with such, but would prefer to NOT take our chances.

I see that your documents allow you to fine the lot owner?! I would continue to fine them for every violation observed, because in the great state of Georgia, an association may file a lien, once the expense is greater than $300.00. It seems that HO takes action when they receive a letter from our attorney putting their house in jeopardy. Although, all of which takes money and time, either of which we have an over abundance of. As the ole saying goes “it takes money to make money”!

Unfortunately, these expenses are the association’s burden until the HO sells or decides to pay. We rarely see the money. In many cases, these habitual violators just won’t pay, meanwhile their account (drawing interest) and eventually exceeds the $300.00 amount, thus permitting the board to take legal action. We have filed suit, received judgments, we have even garnished wages. ONLY then does the money start coming in.

Sorry for the long post. I’m going to review your web-site, to familiar myself with your community. If I can be of an additional help feel free to email me personally.

Best of luck.

Chuck W.

:0)