HOA demands neighbor to pay $2,500 in landscaping costs for area outside of her property, she threatens to take them to court: 'They could not enforce any action!'

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  • An older woman in a purple sweater speaks to an older man in an orange jacket in front of a house.
  • "HOA tries to get neighbor to pay for landscaping and area she doesn’t own."

    We live in a townhouse community on a golf course. My husband purchased this home prior to us
  • We've talked about moving, but his mom is unwell, so that won't happen just yet. 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 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.
  • 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.
  • She was like, Oh, HELL 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 asked me what she should say to fight this. (I've done contracting at a previous job, and currently do compliance work.
  • ) I told her to tell them that she does not own the ground, and therefore is not responsible for the upkeep.
  • They doubled down, 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, and that the letter going around telling the people to power wash their decks and stain them should technically be covered by them, 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, 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, and the judge would decide based on the HOA structure, and the deed to the property, which states walls in.
  • 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 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.
  • An older woman in a purple sweater speaks to an older man in an orange jacket in front of a house.
  • OP Karamist623 One year we had a LOT of snow. We had a $600.00 special assessment.
  • 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.
  • OP Karamist623 The area is landscaped but hasn't really been well maintained. There are pop up sprinklers all over, but I'm not 100% sure of the placement. We've both been here for over 20 years and the area is a small area with some larger green shrubs and smaller trees so there is a little more privacy. The landscapers mulch it every year, but it's basically self sufficient but does need some trimming on occasion. Previously, the landscapers would service that area while servicing other areas.
  • 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? 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 some
  • OP Karamist623 I actually like snow, and don't even mind driving in it. What I DO hate doing, is shoveling it. Even if I didn't live in an HOA, I would have retained a service to shovel and plow the snow for me.
  • StormageddonDarkLord Yeah, no thanks. I am now eternally grateful for my life in the tropics.
  • OP Karamist623 I have a sign that hangs in my office that says "But did you document it?"
  • 773driver Document, Document, Document!
  • OP Karamist623 Yes, this is what I believe as well. The landscape was already in place when the houses were originally purchased.
  • Spiral_rchitect Well, since this is an existing landscape area, it was clearly put in by someone other than the homeowner, I think that pretty much puts the nail in the coffin as who takes responsibility for it. They can't just suddenly decide that it's no longer their responsibility. I don't know how so sophisticated at your HOA may be, but in a lot of them include a plat in either the HOA documents or recorded on your city or county assessor websites that show where the property lines end. I s
  • OP Karamist623 I have a Jeep Wrangler, so driving in snow can be fun for me.
  • StormageddonDarkLord I like snow too! I'm probably not very good at driving in it. But I definitely don't like is having to pay someone to shovel it. But that's also because I find mindless repetitive tasks quite cathartic (also, free exercise!).
  • OP Karamist623 In his case specifically, he didn't want to do any outside maintenance or yard work. They take care of lawn maintenance, landscaping, and snow removal. At the time of purchase, my husband was working night work, so he just didn't want the hassle of being responsible for these things. This is the first time we have really had an issue, but our neighbor has had several with the HOA. We think there was a new board elected, so they are trying to flex.
  • shasta59 My big question is why do people buy in a HOA governed area? If people did not buy there these mini dictator fiefdoms would fail. Yet it seems so many people buy into these areas as there are so many stories. If you buy into an area with a HOA then what do you expect? You know, based upon all the stories and tales of woe, there will be problems. They all start out with good intentions but everyone knows this changes very quickly.
  • OP Karamist623 Honestly, we are planning to move into a single family home with a yard that is not in an HOA. My FIL passed about 4 years ago, and MIL does not know how to do anything herself, (she 87, has her own home, but doesn't drive)so we are just passing time until we can move.
  • shasta59 It seems, to me, like this is the pattern. Good meaning HOA board at start then new board and issues start. It appears to be the trend in HOA's. The HOA is paved with good intentions at first then those with a power complex come in and take over. They also know they can do it because no one ever wants to be on a 'board' or assist so those with a power complex get control and it goes sideways. If you want those services you can always hire private companies to do the lawn etc. In the lon
  • 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.
  • BusStopKnife Fight If an HOA can't afford routine landscaping costs, it's in major trouble.
  • An older woman in a purple sweater speaks to an older man in an orange jacket in front of a house.

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