'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

Author image for Ben Weiss
Ben Weiss • Writer and Editor
Nov 21, 2024 4:00 PM EST

What is the purpose of homeowner's associations if not to stir up unnecessary trouble?

We have seen countless stories where HOAs enforce ridiculous rules and regulations just for the sake of flexing their muscles, yet we have rarely seen a group of neighbors band together in support of one of their own, who successfully got rid of a ridiculous new policy. In this scenario, the HOA in question randomly decided to require that several members of the neighborhood replenish their decks and landscaping areas. However, according to the rules and regulations expressly written in the HOA handbook, these areas were under the direct jurisdiction of the HOA and were actually not at all owned by the residents. This meant that they should not have to foot the bill and pay the costs for these renovations. 

Let's just say that when one resident gained the support of other neighbors and called out these specifications to the head of the HOA, the HOA was not happy. For more stories like this, check out this post about another feud in a tight-knit community.

Advertisement
  • 01
    "HOA tries to get neighbor to pay for landscaping and area she doesn't own."
    via Avi Waxman
  • 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.
    via Karamist623
  • 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
    via Karamist623
  • 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.
    via Karamist623
  • 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.
    via Karamist623
  • 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
    via Karamist623
  • 07
    asked me what she should say to fight this. (I've done contracting at a previous job, and currently do compliance work.)
    via Karamist623
  • 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,
    via Karamist623
  • 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,
    via Karamist623
  • 10
    and that the letter going around telling the people to power wash their decks and stain them should technically be covered by them,
    via Karamist623
  • 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,
    via Karamist623
  • 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,
    via Karamist623
  • 13
    and the judge would decide based on the HOA structure, and the deed to the property, which states walls in.
    via Karamist623
  • 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
    via Karamist623
  • 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.
    via Karamist623
  • 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.
    via Karamist623
  • 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.
    via Karamist623
  • 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?
    via Karamist623
  • 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
    via Karamist623
  • 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.
    via Karamist623

Want More? Follow Us and Add Us as a Preferred Source on Google.

Tags

hoa neighborhood neighborhood-drama neighborhood-stories entitled people karma entitled reddit thread Reddit entitled people
Scroll Down For The Next Article