HOA, Common areas and open space

Started by PaulG5 • 5 replies • 1585 views

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PaulG5 (Pennsylvania)
Posts: 2

Posted:

I live in a new town community that is about 75% complete and about 3 years old.
The HOA went into operation just about 1 year ago after the developer reached the 50% sold point.
The part of the community in the area I live in is complete except for the designated “Common Areas”
And the “Open Space Areas”.
A so called open space area right next to my home that’s about a half acre in size has been left
Un-attended for two years now.
It does get mowed but it’s full of weeds and rocks and an occasional rat or two, and is a real eye sore.
I called the HOA and they said it was open space and the HOA wasn’t responsible.
It seems that the common areas aren’t their responsibility either because nothing has been done in terms of planting trees or shrubs or any kind of Beautification.
I really am not sure how to get the ball rolling on this, should I call the township and complain?
Any Ideas?

Thanks

BryanG1 (Florida)
Posts: 43

Posted:

Might want to double-check your CC&R regarding common areas and open space areas. It should state in there who is responsible for these areas. Generally the HOA IS responsible. It would be strange if they weren't, but that would depend on the next item...

You might want to ask is if the Developer has completely turned the community over to the HOA. If not, then the developer is responsible for maintaining those areas until it is.

You can also check your local laws regarding unattended lots and see if the city or county can get involved as well.

SusanW1 (Michigan)
Posts: 5,202

Posted:

A plat map should answer if the parcel is under HOA ownership. If it is, it is their repsonsiblity. But just what the board deems as "taking care" may not be what you want. Tell them this unkempt land is making the enire association look bad.

Do you have a Landscape Committee or ACC?

KirkW1 (Texas)
Posts: 1,665

Posted:

My understanding is that Open Space is normally set aside for conservation and typically remains undeveloped. As such, I would only expect it to be mowed on an occasional basis. But that would come from the HOA if the HOA owns the land.

Common Areas are normally developed according to the plan and include areas that should look pretty, and possibly recreation areas.

BrianB (California)
Posts: 2,820

Posted:

the owner of the land is responsible for the upkeep, and i bet you will find the HOA is the owner... whoever pays property taxes on it is the owner.

If the HOA doesn't own it, find out who does, and try to buy it. It could be outside the HOA, and that means you have ready made FUN in the future.

PaulG5 (Pennsylvania)
Posts: 2

Posted:

Thanks for all the help people!

Paul

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