damage by contract lawn service

In the past 2 years the lawn service has chipped / cut holes in the siding along the ground using a weed eater. Currently the HOA feels it is my responsibility to repair not the lawn service. Their thinking it is better to have a cheap lawn service than someone that takes responsiblity for the damage cause.

My feelings exactly.

The HOA is hanging their hat on an article in the bylaws, stating we are responsible for upkeep to our homes. They think this includes damages caused by hired workers.

HOA - statement: As homeowners, we are responsible for any damages to our homes. This is stated in Article 7.03.15 of the bylaws and also in a newsletter sent out last summer.

My response: The article 7.03.15 refers to damages that occur through negligence of the homeowner or acts of God. The article does not state nor was it intended for the homeowner to be responsible for actions by an outside company.

The lawn service is cheap therefore they don't want to cause him to quit - if he has to pay for damages. Do I have the right to do my own lawn service, deduct it from the HOA dues.

Martha:

May I ask:

How old is your property?

How long have you lived there?

What type of siding do you have?

Thank you.

Take pictures and send them to the HOA along with your note that these are the pictures you will be forwarding to your attorney to help you address this issue.

The HOA is responsible for the damages their vendors cause.

They are improperly interpreting the homeowner maintenance and upkeep clause and it may well be in your (and other association members') best interests to discuss your options with an attorney.

I'm not generally of the mind to jump right to bringing in the attorney guns, but based on your indication of their position, this may be your best recourse.

Quite frankly they are bluffing you. They have to know that their workers are responsible for any damage done to homeowners' property. They just don't think you have the stuffing to call their bluff.

Oh, and this cracked me up:

"HOA - statement: As homeowners, we are responsible for any damages to our homes. This is stated in Article 7.03.15 of the bylaws and also in a newsletter sent out last summer. "

I guess they were expecting your response to be something along the lines of:

"Oh, my bad. You said so in a NEWSLETTER, so it MUST be accurate, right?"

**Insert eye-roll smilie here**

7.3.15 "Each Owner shall perform promptly all maintenance and repair work within the Dwelling Unit which, if permitted, would affect the Property in its entirety or in a part belonging to other Owner(s) and each owner is expressly responsible for damages and liability which result from his failure to promptly perform such maintenance and repair work. Unless otherwise provided in other Articles of this Declaration, each owner shall be responsible for the costs of performing all such maintenance and repair work. Maintenance and repairs needed outside the living area of a particular Dwelling Unit shall be the responsibility of and at the expense of the Dwelling Unit's Owner which includes painting, roofing, grounds, parking areas, fences and all other outside repairs and maintenance needs, whether by normal usage, weather related, preventive or incidental repairs, unless the Association shall have agreed to make such repairs and maintenance as a Common Expense. Association must be advised prior to any exterior repairs, so as to insure that repairs are in accordance with these restrictions."

Also in 7.3.32 Landscaping of all lots shall be maintained as needed, whether said lots are improved or unimproved, which maintenance shall be include, but not be limited to, mowing and removal of all trash from said lot. The Association shall be responsible for maintaining the mowing, trimming of grass and cleaning of debris from gutters.

You lawn/house is setup for failure. If you have grass against your siding, lawn mowing equipment will hit it eventually. Its too close. If you repair it, it will happen again.

Answer? Fix the lawn.

Use some type of divider of the lawn and the house like gravel, mulch, flower bed, etc.

12" between the grass and the house is not adequate. But that's another issue.

If it were me I would get an estimate and send it to the lawn guy asking for him to pay. And if needed, take additional steps; insurance claim on his insurance, small claims, etc.

I don't think the HOA has anything to do with it.