Owners walk away

Started by SheilaH2 • 5 replies • 1530 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SheilaH2 (Florida)
Posts: 11

Posted:

Hello all. I am on the board and recently got a call from a homeowner who stated a next door neighbor walked away from their home which has a pool. The pool is green and stinks. The homeowner that called thinks the HOA needs to do something about it. Has anyone else come across this type of situation? I know that if lawns need mowed, etc. the HOA can go on the property and mow, but didn't think we could go inside the residence. The County states that if it is open (uncaged) and could be a hazzard then they can site the homeowner, otherwise, if caged they cannot. Thanks for any help.

PeterB1 (Florida)
Posts: 257

Posted:

I am not sure what gave you the right to mow a private lawn. I don't think we have that right.

If the place gets as bad is it sounds, there are several agencies you should call. First is Code Enforcement - they should deal with the 'appearance' of the property. Next would be the Health Department - they should look and see if the pool is a health hazard.

I would suggest you be very careful about entering a property. Our Board has a very clear and strict policy that BOD members do not enter any resident property. That includes delivering fliers, inspecting, observing, etc.

MicheleD (Kentucky)
Posts: 4,491

Posted:

In my opinion, the only thing the HOA can do is file a complaint with the local board of zoning enforcement.

ChrisP5 (Missouri)
Posts: 165

Posted:

If keeping the yard maintained is a part of the rules can't the association warn and then remedy the situation? The HOA across the street mows lawns and bills the HO all the time. Pisses people off but they keep their yards mowed after that.

RichardP13 (California)
Posts: 1,767

Posted:

If a homeowner walks away, the HOA should notify the first lien holder as it is their responsibility. They would send someone out, drain the pool and then cover it so there is no liability issue. The yard should be maintained by the HOA and you may be able to get the mortgage holder to reimburse.. Good Luck though.

HB (Oregon)
Posts: 143

Posted:

Many HOA docs allow for the association to "maintain" the exterior of a home if the homeowner fails to. Meaning, they can pay someone to go onto the property to remedy the situation. I know this generally applies to landscaping, but depending on what your docs say it may allow for maintenance of a pool as well.

Just make sure you have notified the homeowner that this is what is planned and give ample warning that any charges will be billed to the homeowner (again, make sure you read your docs thouroughly and consult with an attorney to make sure you are within your legal right to enter the property as part of the HOA).

If I was trying to sell my house and the house next door had an exterior maintenance issue, I would not be happy. Who wants to buy a house next to a stinking pool? The HOA can/should step in and make sure this is taken care of.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here