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HOA Help

One more thing. I work with a lot of big money real estate investment partnerships that always have their rental contracts buttoned up perfectly. Renters (both commercial and residential) will often breach those contracts.

Even if it’s in black and white, clear as day and signed and notarized in duplicate, the courts will often side with the little guy. It’s just the way it is.
 
It would seem the area abuts against her property and when she moved in, she was told that area is part of the common are that will be maintained by the HOA. I guess it's kinda like a breach of contract.

I would advise her to review her state's laws on adverse possession and proceed
 
Most housing developments in the last 25 years are exclusively HOAs. That means you either need to pay for location (and premium price price) , have a commute of 1 hour or more, or live in an area that is 'shady' at best. I got lucky in Minnesota that there was no HOA in the twin cities (House was late 80s). Dallas, every single house I could afford was in an HOA, unless I chose to be in the more colorful parts of town--and that was 15 years ago. There are 0 new homes being built not in an HOA and all those jack-asses from CA moving in. Even if I could get a bank sale home, taxes would kill me. They are 50% of my payment now on a very modest home...

There is some corrupt bargin between housing developers and HOAs, I wish I knew what it is--cause they make a mint off of doing squat.
Usually, it is the developer who writes the CC&R’s and the By-Laws for the community. They also setup the HOA and control it until they turn it over to the homeowners.
 
I was, for over a decade, the president of an HOA. None of you guys will believe this, but I was President because I was the only one who could stay on good speaking terms with everybody. Likely because of my knack for diplomacy, lol. Anyway, even though these things are legal corporations, they generally work only to serve the interests of those who are the biggest pains in the ass. Also unfortunately, they are generally the people on the HOA board. As was mentioned above, they are set up by the developers, with the developers running them at the start, so you can believe that they are not written to the advantage of the average homeowner in the community. So her options are kind of limited, and bringing in lawyers is really costly. Can she stay in the money long enough to make it worthwhile over a mowed lawn? Is it worth it? I'd mow the thing myself and tell them to pound sand if they complained. Not ideal, but for a couple of hours, you get what you want, and you don't have to keep thinking about it.
 
When I lived in a city they had code enforcement to warn landowners about tall grass. If the owner didn't cut it the city would, then the city billed the owner for cutting it. Just report the hoa for not maintaining it.

Either that or round-up the whole lot and the hoa board members' lots as well.
 
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