HOA Help

[BullGear]

My sister lives in an HOA and this year, she tells me that to save money the HOA isn't mowing certain areas of the common areas. Much of that is directly behind her house. Before she gets a lawyer involved she asked me what I thought.

I believe that if the HOA has been mowing that part of the common area, they just can't stop. But I'm nobody's lawyer and would like some advice from anyone who's gone through this or from a lawyer versed in matters like this. I'm nto looking to give her legal advice, just some educated opoinions. She said she would be willing to mow it, but the Prez of the HOA told her not to mow it. I don't know if my sister's family has pissed of the HOA but it would seem that some other parts of the common area isn't being mowed. I hope to stop by this weekend to look over the situation, but again, I'd just be giving my opinion.

Can anyone help out a brother's sister?????

 

[NoDopes]

HOA usually have bylaws that they "maintain" common grounds. They term is likely vague. I would just now the area behind my house and let them bitch. I doubt you can force them to do it. They can claim they are switching to natural landscaping. They may be able to take her to court to get her to stop, but if they can't afford to mow it, I doubt they will spend money to stop her.

 

[P-Squared]

I'm president of our HOA. If it was our HOA, it would have been presented to the members (owners) at the annual meeting and voted on by the membership. The trouble is attendance is spotty at best. (even with free food and drinks).

Does she attend any of the meetings? Does her HOA do things like we do?

They probably have the right to do this, however just because you CAN do something doesn't mean you SHOULD do something. People now a days seem to have forgotten this.

 

[Srgt. Hulka]

She needs to tell the HOA that "to save money" she's not paying certain parts of her HOA fees.

 

[hlee]

Getting on the HOAboard is kind of a low bar... But, much like taxes, the hoa dues do not belong to the homeowner once they write the check.

 

[kenny1773]

you can get a gallon of concentrated 'weed killer' that kills grass and everything from amazon for $22, it will make like 20 + gallons of killer

Let it get high, like annoying high, then spray the shit out of it one night, let the HOA deal with that

 

[hlee]

If you have something to say, spell it out in Roundup...

 

[BufordTJustice]

HOA's suck balls

 

[hlee]

I’m going to differ with @kenny1773. Cut it close- not fareway close, but normal lawn close. Then leave your message. That way you get the roots...

Edited to add... This post is satire and not actual advise...

 

[OREGUN]

Why does Karen care so much about the common space? It’s not her yard, is it?

 

[hlee]

Why does Karen care so much about the common space? It’s not her yard, is it?

Because a common space left to go fallow breeds pests, like mice, insects, mosquitos, ants, etc. And it’s an eye sore that can reduce home values. As soon as someone sees an unkept piece of vacant space, you’ll have people dumping shit back there. And, the only reason to have a HOA is to maintain common spaces in an effort to maintain home values. Paying a HOA to not maintain the common spaces is the same as putting cash through a paper shredder.

 

[isofahunter]

Ask for meeting note where this change was discussed by the board. Review the notes and compare with Bi Laws of the HOA. Will give her something to work with when she asks the board to restart the mowing.

No one likes to do it but get on the board yourself so you know what is going on. First thing I did when we discovered the new place had an HOA was get involved with the board. I slays me when people complain, but I never see them at meetings, they are never there when community clean up happens, they do not follow the rules and then want exceptions granted after the fact. No one runs for office when the call goes out. But they sure bitch a lot about those that do the work.

 

[hlee]

Ask for meeting note where this change was discussed by the board. Review the notes and compare with Bi Laws of the HOA. Will give her something to work with when she asks the board to restart the mowing.

No one likes to do it but get on the board yourself so you know what is going on. First thing I did when we discovered the new place had an HOA was get involved with the board. I slays me when people complain, but I never see them at meetings, they are never there when community clean up happens, they do not follow the rules and then want exceptions granted after the fact. No one runs for office when the call goes out. But they sure bitch a lot about those that do the work.

Not enough likes for this. If you are the involved type, you can be king (or queen) of the HOA, because no one else will do it. Don’t like the lawn company? Get on the board and change it.

 

[nso123]

I would go to the common areas that are being taken care of and throw a couple of handfuls of turnip seeds in them. A turnip will grow on concrete, and they are hell to mow over. Think of it as a modern Johnny Appleseed.

 

[BullGear]

I'm president of our HOA. If it was our HOA, it would have been presented to the members (owners) at the annual meeting and voted on by the membership. The trouble is attendance is spotty at best. (even with free food and drinks).

Does she attend any of the meetings? Does her HOA do things like we do?

They probably have the right to do this, however just because you CAN do something doesn't mean you SHOULD do something. People now a days seem to have forgotten this.

I don't know if she attends meetings or anything about this HOA.

 

[BullGear]

HOA's suck balls

Yes they do. She says they're always having issues.

 

[BullGear]

Why does Karen care so much about the common space? It’s not her yard, is it?

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.

 

[BullGear]

Ask for meeting note where this change was discussed by the board. Review the notes and compare with Bi Laws of the HOA. Will give her something to work with when she asks the board to restart the mowing.

No one likes to do it but get on the board yourself so you know what is going on. First thing I did when we discovered the new place had an HOA was get involved with the board. I slays me when people complain, but I never see them at meetings, they are never there when community clean up happens, they do not follow the rules and then want exceptions granted after the fact. No one runs for office when the call goes out. But they sure bitch a lot about those that do the work.

I have no idea where she stands with the HOA. I've never asked anything so vague before.

 

[BullGear]

Not enough likes for this. If you are the involved type, you can be king (or queen) of the HOA, because no one else will do it. Don’t like the lawn company? Get on the board and change it.

As she's explained it, it's not the lawn service company, the HOA is trying to save money byt not mowing areas that have been a part of the common area for years, if not decades.

 

[hlee]

As she's explained it, it's not the lawn service company, the HOA is trying to save money byt not mowing areas that have been a part of the common area for years, if not decades.

Oh, I get it. I was making an example, and did not adequately separate my thoughts.

 

[Californio]

My sister lives in an HOA and this year, she tells me that to save money the HOA isn't mowing certain areas of the common areas. Much of that is directly behind her house. Before she gets a lawyer involved she asked me what I thought.

I believe that if the HOA has been mowing that part of the common area, they just can't stop. But I'm nobody's lawyer and would like some advice from anyone who's gone through this or from a lawyer versed in matters like this. I'm nto looking to give her legal advice, just some educated opoinions. She said she would be willing to mow it, but the Prez of the HOA told her not to mow it. I don't know if my sister's family has pissed of the HOA but it would seem that some other parts of the common area isn't being mowed. I hope to stop by this weekend to look over the situation, but again, I'd just be giving my opinion.

Can anyone help out a brother's sister?????

HOA's are governed by the State she lives in, their version of the Davis-Sterling Law and the recorded CC&R's and current Rules and Regulations of the HOA.

In general HOA's SUCK, she should look up the Davis-Sterling in her State, read her CC&R's and request a copy of the Board Minutes that passed the resolution to not mow certain sections of the development. If other owners are unhappy with the current board, look at what it takes for a Board recall in the CC&R's. Good Luck. HOA's are Mob Rule.

 

[OREGUN]

^^^this.

 

[TurboTrout]

Why do people join HOAs?

It’s like slamming your dick in a door and wondering why your dick hurts.

I know tons of people who regret buying into a HOA, don’t know a single person who wishes they were in a HOA.

Best advice, sell, timing is good, rent for a year or two and buy a bank sale home that’s non HOA.

 

[aard3]

1.) She probably has no standing to sue to begin with... so getting lawyers involved isn't going to help. Will just cost her money

2.) It all depends on the by-laws... but the HOA can probably do what they want. It doesn't matter if they have been cutting it... all that matters is what they are required to do by the by-laws.

3.) I can almost guarantee your sister pissed them off somehow, or your aren't getting the whole story.

Tell her try being really nice and asking the HOA for some options to get it cut, since it's not reasonable to leave it totally uncut. Maybe they can have it cut at a reduced frequency, or something. I doubt they are giving her no options what-so-ever without something having happened...

 

[Alpine 338]

If the HOA is doing tasks on behalf of the property owners, those tasks have to be applied equally and fair to all property owners. If they are not mowing the area behind one property, and keeping another area maintained, this would be a violation of a contract. I would bring it up to the HOA, and let them justify how they can pick and choose which common area are mowed, while still providing fair and equal services to all property owners. If they cannot justify that, then tell them legal actions will be taken to rectify the problem. A legal battle will not help them save money.
Contacting the city may help, as many have rules and regulations on upkeep of lawns and yards. You can also get the local city health department on your side by pointing out your concerns of desease carrying animals, and the local Fire Marshall over concern of a high fire risk because of the tall grass.

 

[Alpine 338]

Contacting the city/county assessor's office, asking to have the property value reevaluated, and property tax lowered based on unmaintained area behind the property would also be an option.

 

[BullGear]

Thanks everyone, she's beside herself. She wanted a new home but close to our mom's house. This was the only option. She regrets that decision almost weekly.

 

[DocRDS]

Why do people join HOAs?

It’s like slamming your dick in a door and wondering why your dick hurts.

I know tons of people who regret buying into a HOA, don’t know a single person who wishes they were in a HOA.

Best advice, sell, timing is good, rent for a year or two and buy a bank sale home that’s non HOA.

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.

 

[Srgt. Hulka]

As she's explained it, it's not the lawn service company, the HOA is trying to save money byt not mowing areas that have been a part of the common area for years, if not decades.

What else does a HOA have to spend money on except lawn service? Oh yeah, the crabby bitches who send the nasty letters telling Fred that he's flying his American flag 3' too high.

 

[kenny1773]

real estate market is still good, sell it and move on

 

[Missalot]

I've been on our HOA board 3 times over the last 20 years for our 334 member association. I get on when the board starts doing something stupid. Our community has 4 different price range developments, 12 commercial members, 18,000 ft of 3 board plank fencing, a 1 1/2 mile paved walking path, 25 ac of common area, 3 irrigation wells, 1/2 mile of owned roadway and a $150k annual budget. I have spent a lot of time talking with the HOA's attorney about things the board can and can't do. When trying to save money, one thing that comes up frequently is removing something or stopping something, usually something that no one uses (like maintaining a rarely used baseball field).

Now this is one attorney's position, but she has told us that once something is provided be it a fence, signage, irrigation, landscaping, baseball fields, basketball courts, children's playground equipment (a commercial kid's slide like the one on your grade school playground costs well over $15,000 not installed), park benches, or a service such as weedeating under fences and irrigation, it must continue to be provided into perpetuity, no exceptions and no matter what the cost. The reasoning is because the board has a duty to continue the neighborhood as it was initially set up because members bought into a "look" and that "look" must continue for the benefit and value of all members no matter when they bought in, years ago or yesterday.

In the case of your sister, the board has seemingly made a decision to cut a service due to cost and perceived need. They'd rather cut a service rather than raise dues, picking in their minds the lesser of the evils. However, I would challenge their decision as it works to the detriment of your sister and is no longer the "look" she bought into. I would complain to the board at the next meeting and ask for the service to be continued. Ask the board to cut costs somewhere else or raise dues to cover the ever increasing costs of maintenance. Should that fail, I would suggest sending the board a registered letter stating that she has complained at a meeting and is now making a formal complaint that the board has failed its duty to maintain the landscaping as it always has. Should that fail, well, she will either need to get additional neighbors on her side or hire an attorney.

HOAs are double edged swords. While they can be a pain in the butt and many rules are ridiculous, you agree to the regulations when you purchase your property with the idea that the HOA will protect your home value and save you from obnoxious neighbors. Good luck finding a development created in the last 30 years that doesn't have a HOA. Just read the covenants before you buy as they vary greatly. That said, I'm moving to the country in a few months and will never live in a HOA again.

 

[TurboTrout]

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.

HOAs homes are cheaper for a reason

 

[TurboTrout]

I've been on our HOA board 3 times over the last 20 years for our 334 member association. I get on when the board starts doing something stupid. Our community has 4 different price range developments, 12 commercial members, 18,000 ft of 3 board plank fencing, a 1 1/2 mile paved walking path, 25 ac of common area, 3 irrigation wells, 1/2 mile of owned roadway and a $150k annual budget. I have spent a lot of time talking with the HOA's attorney about things the board can and can't do. When trying to save money, one thing that comes up frequently is removing something or stopping something, usually something that no one uses (like maintaining a rarely used baseball field).

Now this is one attorney's position, but she has told us that once something is provided be it a fence, signage, irrigation, landscaping, baseball fields, basketball courts, children's playground equipment (a commercial kid's slide like the one on your grade school playground costs well over $15,000 not installed), park benches, or a service such as weedeating under fences and irrigation, it must continue to be provided into perpetuity, no exceptions and no matter what the cost. The reasoning is because the board has a duty to continue the neighborhood as it was initially set up because members bought into a "look" and that "look" must continue for the benefit and value of all members no matter when they bought in, years ago or yesterday.

In the case of your sister, the board has seemingly made a decision to cut a service due to cost and perceived need. They'd rather cut a service rather than raise dues, picking in their minds the lesser of the evils. However, I would challenge their decision as it works to the detriment of your sister and is no longer the "look" she bought into. I would complain to the board at the next meeting and ask for the service to be continued. Ask the board to cut costs somewhere else or raise dues to cover the ever increasing costs of maintenance. Should that fail, I would suggest sending the board a registered letter stating that she has complained at a meeting and is now making a formal complaint that the board has failed its duty to maintain the landscaping as it always has. Should that fail, well, she will either need to get additional neighbors on her side or hire an attorney.

HOAs are double edged swords. While they can be a pain in the butt and many rules are ridiculous, you agree to the regulations when you purchase your property with the idea that the HOA will protect your home value and save you from obnoxious neighbors. Good luck finding a development created in the last 30 years that doesn't have a HOA. Just read the covenants before you buy as they vary greatly. That said, I'm moving to the country in a few months and will never live in a HOA again.

Paying 15k for a uninstalled slide is one of the reasons I’d never pay HOA dues / join a HOA, but it does sound like a sweet deal for the “hoa lawyer”

 

[TXAZ]

Other board members have chimed in, here's my 2 cents. I'm on our HOA board, and issues like this come up often.
Ultimately you have to look at the covenants and state and local laws that govern associations.
In her place, I'd read the covenants, and if they indicate the HOA board is responsible, then send a reminder.

Every HOA is different, some follow the rules, others you have to figure out how to motivate compliance.

Good luck.

 

[myronman3]

SURE…..i can help out…..

HOAs…..dont join them.

you’re welcome.

 

[ggmanning]

I'd live in a 1974 Park single wide on my own acreage before I'd live an any neighborhood especially one with an HOA.

Here is hoping it works out for the best for her. HOA's are control entities nothing less and when you sign up for it your experience will only be as good as those running it.

 

[Alpine 338]

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.

Most, if not all Cities/Counties have enacted zoning ordinances that require all new developments create an HOA for that new development. This has been the norm since the late 80's.

The reason they do this, it puts the complications of enforcement of city and zoning ordinances on the HOA and relieves the city of needing to have a bigger staff of planning, building, and code enforcement officers to enforce all those city and zoning ordinances.

Those places that don't have the County zoning requirements, developers typically enact an HOA, so they can market the property/subdivision with what they refer to "protected covenants" to fool the rich people to invest in that property, by convincing them that they're neighbor can't do anything to devalue their premium property.

 

[Snipe260]

They can’t own property and not maintain it! Rats, etc. Health hazard! Go that route!

 

[rtB]

Sell that property. Find a patch of land in southern Appalachia and set up a bootlegging operation. You're welcome.

 

[myronman3]

Sell that property. Find a patch of land in southern Appalachia and set up a bootlegging operation. You're welcome.

hey, fuckface…..that’s my plan. get off my cloud and quit spreading it around!!!

 

[Carlos Danger]

Never buy a home with an HOA stapled to it. Period. Buy something that costs less, maintain it yourself, and eliminate your headaches. You pay an HOA to make your life miserable. Much like governmental agencies. I don't need more government agencies.

 

[EddieNFL]

I'd live in a 1974 Park single wide on my own acreage before I'd live an any neighborhood especially one with an HOA.

Here is hoping it works out for the best for her. HOA's are control entities nothing less and when you sign up for it your experience will only be as good as those running it.

That brings up one advantage of HOAs. You would never have a 1974 Park single wide next door.

 

[ggmanning]

I will never have anybody next door.......that is the point.

For the money spent to live in these communities you can have real land on your own and do what you like. For the record I'd rather have the 1974 park next door than a 2021 Karen telling me what I can park in my yard and what schedule to cut my grass. "Sir....your DTOM and American flag are racist.......you have to take them down"

 

[308pirate]

I LOL at the people who claim that neighborhoods go to shit without HOAs and that you can't live in a decent suburban neighborhood without buying into one.

I know differently.

 

[308pirate]

Most, if not all Cities/Counties have enacted zoning ordinances that require all new developments create an HOA for that new development. This has been the norm since the late 80's.

The reason they do this, it puts the complications of enforcement of city and zoning ordinances on the HOA and relieves the city of needing to have a bigger staff of planning, building, and code enforcement officers to enforce all those city and zoning ordinances.

Those places that don't have the County zoning requirements, developers typically enact an HOA, so they can market the property/subdivision with what they refer to "protected covenants" to fool the rich people to invest in that property, by convincing them that they're neighbor can't do anything to devalue their premium property.

Where is this?

Certainly not where I live.

 

[Bullfrog08]

That brings up one advantage of HOAs. You would never have a 1974 Park single wide next door.

Yeah, sucks when people want to be free to do as they wish with their own property!

 

[Maggot]

you can get a gallon of concentrated 'weed killer' that kills grass and everything from amazon for $22, it will make like 20 + gallons of killer

Let it get high, like annoying high, then spray the shit out of it one night, let the HOA deal with that

I like the way you think.

 

[Maggot]

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 think thats her in, right there. Read over the contract and the HOA rules. Likely she wouldnt even need a liar, with a little research she could file the proper court doc herself. The HOA however would need to get a lair to defend and that $$$. Might be cheaper for them to just mow since if they lose they'll have to mow anyway.

 

[Choid]

lol

 

[vinniedelpino]

As she's explained it, it's not the lawn service company, the HOA is trying to save money byt not mowing areas that have been a part of the common area for years, if not decades.

If she doesn’t mind mowing it herself that’s what I’d do. Despite what the bylaws may say, they can’t do a damn thing about it. Civil courts are courts of equity. If they try to sue the judge will laugh in their face, they’ll incur legal fees that will either deplete cash reserves or require them to raise rates and there’s really no way for them to come out ahead. They wouldn’t bother. If the board is collectively dumber than a box of rocks, they can pay an attorney for a consultation and he will tell them the same thing. It’s just not worth pursuing.

HOAs are usually more bark than bite. She’s not building life sized dinosaur statues out of rusty car parts on her front lawn. She’s maintaining grass that was previously maintained by the HOA.

They can kick rocks. This is not something to worry about.

One more thing... the type of neighbor that takes it upon themself to maintain common areas is the type of neighbor I’d want on my HOA board if I was unfortunate enough to have to deal with a HOA. Just saying..