Neighbor's grass watering ruining our fence - anything we can do? (neighborhood, costs)

[wit-nit]

If your HOA's CC&R's specifically refers to the grass/wall separation and the homeowner is in violation, then it's his problem to rectify it, not yours.
Most HOA's, not all, CC&R's would not cover that issue. Do as someone mentioned read yours carefully and if you have any questions go to the HOA directly for clarification. That homeowner, like many, may not even have read their CC&R's.
In your worst case scenario if this ends up not an CC&R issue for the neighbor then you may want to plant a row of low growing shrubs along the wall. Catclaw vine is a fast growing vine, very invasive and difficult to rid of once established. Your CC&R's may prohibit the planting of them Check with the HOA for approved plants first.

[HX_Guy]

Just checked the CC&R's and here is what it has to say...

TURF
Turf is permitted in front and backyard landscaping provided that no turf or spray irrigation shall abut walls or fences. A five (5) foot buffer is required between walls, fences, structures and turf or associated spray irrigation. Great care should be taken to avoid spraying of walls, fences and other structures that may cause damage and void any warranty.

That's pretty clear cut, right? No turf shall abut walls or fences and a 5 foot buffer is required between turf and walls/fences.

[pbenjamin]

A 5 foot buffer seems pretty unreasonable. Given how tiny the lots are these days it wouldn't leave much room for grass.

[stevek64]

Originally Posted by HX_Guy

"TURF
Turf is permitted in front and backyard landscaping provided that no turf or spray irrigation shall abut walls or fences. A five (5) foot buffer is required between walls, fences, structures and turf or associated spray irrigation. Great care should be taken to avoid spraying of walls, fences and other structures that may cause damage and void any warranty. "


That's pretty clear cut, right? No turf shall abut walls or fences and a 5 foot buffer is required between turf and walls/fences.

Indeed. Plus the part about avoiding spraying walls, fences, not to cause damage, etc. No gray area at all in that wording.

[wit-nit]

Originally Posted by HX_Guy

Just checked the CC&R's and here is what it has to say...



That's pretty clear cut, right? No turf shall abut walls or fences and a 5 foot buffer is required between turf and walls/fences.

The ball is in your court, the rules are rules, you need to notify the HOA, the neighbor should be notified by the HOA with a time limit to correct the violation or be fined. That should take care of it. The neighbors won't know who filed the complaint unless you tell them directly or have already had a conversation about it with them. HOA will probably say they are checking yards for violations and theirs popped up. Good luck.

[HX_Guy]

I have a feeling they will know and I feel bad about it, but what can I do? If it didn't affect our side of the fence, I wouldn't care one bit, they can plant grass anywhere they want.

[LBTRS]

Yeah, I agree...they are going to know for sure as the problem is showing itself in your yard.

Have you considered sending them a letter first since you can't get to their door? I did this with one of my neighbors over a barking dog when they would not answer their door anytime I knocked. They received it the next day and were standing at my door shortly afterwards.

That way you at least can say you tried to work it out with them before you went to the HOA. I'd be friendly and tell them you tried to knock on their door but their gate kept you from getting to the door and explain the situation you're having.

I know I would appreciate that and would take immediate action if something in my yard was affecting a neighbors yard. Maybe they will feel the same way and appreciate your attempt to solve it before getting others involved?

[HX_Guy]

Good idea LBTRS.

Another thing though, and I may have to contact the builder anyway because of it, I noticed two cracks in the retaining wall this morning when I was out looking again. What could this be about?

[LBTRS]

Probably settling from the wet ground in that spot. Get it fixed now when the home is under warranty as it is only going to get worse once it starts to crack. Unusual that it actually cracked the blocks as normally the joint are the first to go. Even more surprising since those are the big retaining wall blocks, something isn't correct in that spot.

[wit-nit]

Could also be soil expansion putting pressure on the fence.