'They want her to [pay] $2,500.00': Neighbor fires back at HOA for forcing her to pay for landscaping area outside her property, HOA pays up

Advertisement
  • 01
    "HOA tries to get neighbor to pay for landscaping and area she doesn't own."
  • 02
    We live in a townhouse community on a golf course. My husband purchased this home prior to us getting married. We've talked about moving, but his mom is unwell, so that won't happen just yet.
  • 03
    Anyway, on to my rant. Recently, we (and several of our neighbors) received a letter from our HOA. It stated that our deck on the back of our house needed to be power washed and stained. My husband was not amused, but since he already knew that we needed it
  • 04
    done, he scheduled the power washing. The staining would have to wait until the spring. (It's cold here right now). They have never cared about the rear of the houses as long as they were tidy.
  • 05
    I spoke with our neighbor who has a concrete slab for her patio, and she received a letter stating that she would be responsible for the landscaping in between her end unit townhouse, and the beginning of another end unit townhouse.
  • 06
    She was like, Oh, H L NO. The thing is, we own from the walls in. We don't own any ground on the outside, and any maintenance of any areas outside our home are the HOA's responsibility. She
  • 07
    asked me what she should say to fight this. (I've done contracting at a previous job, and currently do compliance work.)
  • 08
    I told her to tell them that she does not own the ground, and therefore is not responsible for the upkeep. They doubled down,
  • 09
    and told her that is absolutely her responsibility. I told her to refer to the HOA rules that states that as homeowners we are responsible for walls in only. Anything outside the walls is their responsibility,
  • 10
    and that the letter going around telling the people to power wash their decks and stain them should technically be covered by them,
  • 11
    as the community is a walls in community. They waited a bit and got an estimate on the area they want her to cover. $2,500.00. She has been here for over 20 years,
  • 12
    and has never been asked for this before. She said she would not cover this, and to take her to court, and that she would gather all the other homeowners who received letters for their deck,
  • 13
    and the judge would decide based on the HOA structure, and the deed to the property, which states walls in.
  • 14
    I'm happy to report that they have decided that she is NOT responsible for the upkeep and landscaping. It would have been a PITA to fight this, but I believe
  • 15
    that because of the deeds, they could not enforce any action. Also, the deed cannot be changed unless we are "sold" any ground on the outside.
  • 16
    ListMore5157 Knowing HOAs, they'll probably figure a way to get the money one way or another. I'm guessing their next step is a "special" assessment to cover the expense. That's one you probably won't be able to avoid.
  • 17
    773driver In most states you have a claim to any real property you make improvements on. If you think you hate HOAS, Judges feel it times 10.
  • 18
    Spiral_rchitect . I'm betting since they don't have this area currently landscaped, they also don't have it irrigated. They might have some irrigation heads out there for turf, but that's a completely different system than you use for plants. Are they expecting the homeowners to also pick up that cost?
  • 19
    The bigger issue is liability. If you read your homeowners policy, your coverage is for accidents occurring on your property. If she starts assuming responsibility outside her property line and somebody's injured there, then who absorbs that liability? That is HOA
  • 20
    land so it should be covered by the HOA policy not homeowner, but once homeowners start taking "ownership" of these areas, it becomes very gray in a court of law.

Tags

Scroll Down For The Next Article