Question about what the HOA can make me do (monthly fee, property, lawyer)

[Username00]

I bought a house a few years ago. When I bought the house, I was told only that an HOA exists, and what the monthly fee is.

Fast forward to last summer, they send a letter out, reminding everyone that it is their own responsibility to mow the public lawn behind their property. They are still attempting to enforce this.

Here's the problem. The lawn is over twice the size of my front and back yard combined. I wasn't told about this requirement when purchasing my house. Furthermore, I received the yearly HOA budget report, which shows nearly $6,000 has been spent on mowing services. I'm home quite often, and can only count ONE time they had mowing services in the neighborhood last summer.

Here's where we are. I've basically told my HOA that I will not mow that lawn. Where do I go from here? Can they "evict" me for not follow HOA rules? Am I in the right? Am I in the wrong?

Any help is appreciated, thank you.

[kww]

get ahold of your CC&Rs and see what is says about common area maintenance and what repercussions could arise if an owner doesn't abide by the 'rules'

[bbronston]

I've never heard of an HOA that can require the owners to maintain land that doesn't belong to them. I agree with looking over your docs first because that is, or should be, what the association's management is using to make this claim. They could be reading it wrong, believe it or not. The next step from there is to talk with a real estate attorney.

[Username00]

Thanks guys, I'll reread the HOA rules. It's pretty ridiculous, 30 some pages, I'm a fairly educated person but it full of words I never even knew existed, and all around sounds like the only way to fully understand it, is to have a lawyer look over it. I'm guessing to make it intentionally difficult to understand. I'll start rereading it all though.

[Username00]

Well, I probably need to reread it yet again, but I'm done reading the HOA agreement. I forgot how ridiculous some of it is, I'm apparently not allowed to work on my car in my own garage, not allowed to have my garage door open at any time other than when pulling a car in or out, and some other crazy stuff. Trash cans are not allowed to be visible at any time other than trash day. This is a detached home.

I can't find a single thing mentioning that I'm responsible for property that isn't mine, but if I read it right, apparently they aren't either:

Section 5: No dedication to public use
Nothing herein contained shall be construed as a dedication to public use or as an acceptance for maintenance of any Common Areas or Community Facilities by any public or municipal agency. authority or utility.

I think what that means, is that they aren't required to get someone who knows what they are doing, to come and fix the tennis courts in their sad state of disrepair, or any other common area.

All communications with the HOA president have been through email so that I have a paper trail of everything that has been said, but at this point, I think I'm going to go back to pretending I have no idea they want me to mow it.

[goldenlove]

I understand that to mean that the city isn't responsible for maintaining any of the Common Areas or Community facilities, not that the HOA isn't.

[Username00]

At either rate, I can't find anywhere mentioning I'm responsible for property that isn't mine. I sent my HOA president a follow up email mentioning such, and I suppose if he still thinks so, I'll need to get a lawyer to make sense of the HOA agreement. If anyone is reading this, take note, DO NOT BUY IN AN HOA MANAGED NEIGHBORHOOD. They will not help you when you have issues such as being blocked in your own driveway. Ask me how I know this

What a headache, I have a feeling this is going to go on until I move out. We've only been here a few years and already had our fair share of issues such as them incorrectly dating meeting notices, making it impossible to make it to a meeting to vote on anything.

EDIT: It does appear that their favorite action to take with noncompliance, is placing a lien on the property. Super.

[froglipz]

Always know what you are agreeing to before making a commitment you aren't comfortable in complying with.

[BirdieBelle]

Originally Posted by Username00

I can't find a single thing mentioning that I'm responsible for property that isn't mine....

Technically, it is "yours," and your neighbors'.

It's "common area," and it belongs to the neighborhood, which you bought into. Typically HOAs pay a mowing company to maintain common area. I have not heard of requiring residents to maintain it. I would send a letter back asking about the HOA's liability should you be injured while mowing the common area and see how they respond.

However ... the worst thing you could do is ignore it or "pretend" you don't know they want you to mow it.

When you bought your house, you signed a legal contract with the HOA. Apparently you have just now read all the regulations that you legally agreed to abide by when you moved in. If you don't follow the requirements, they can fine you and they can attach liens to your house, etc.

You need to be proactive and get this clarified ASAP.

[rrah]

Originally Posted by goldenlove

I understand that to mean that the city isn't responsible for maintaining any of the Common Areas or Community facilities, not that the HOA isn't.

Agree. A public or municipal agency, authority or utility is referring to any type of government agency or a public utility.