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On Saturday I received a notice from our HOA. The notice says we are in violation of not keeping our trees trimmed (a palm tree and a tree that was put in around 5 years ago. FYI, landlord never informed us of the acacia tree he planted. About a week after move-in, a landscaper was planting the tree as I pulled into my driveway) and that we do not have enough plants (??) in our yard. This is a part of the violation notice: Please trim tree and add plants according to CC&R.
They included a couple pictures of both trees. The acacia tree is in good condition and doesn’t need to be trimmed. The palm tree does though, and plan on taking care of this on Friday. One concern is how they want us to plant more plants. Is this an odd request? We’ve been living here nearly 6 years and this is the first time the HOA has requested we plant more plants in the front yard. I have looked at my lease and it’s fairly generic and straightforward. The lease does state we are to keep up the landscaping, such as mowing the grass, keeping weeds under control and trimming the tree. However, because the acacia tree was planted after we moved in, and wasn’t even told about it until after it was planted, I feel this isn’t really our responsibility, but, I still take care of it regardless. But, what do I do about the “add more plants” the HOA is requesting? So far I’ve left messages at the HOA office and emailed my landlord. Just waiting for a response but would like some information before I talk to either party.
Forward the HOA letter to your LL. Adding to the landscaping is not your problem. Trim the tress or better yet hire a "pro" have them do it and if the don't trim the one for some reason have them write a letter. I'm sure your neighbors have a landscaper they use who understands what the nebulous HOA wants done.
Forward all communications from HOA to the landlord. The HOA has a relationship with your landlord, not with you.
Well the landlord gets these notifications as well. I don’t mind trimming the trees, but if the landlord is required to plant more plants, would that now be his responsibility to maintain them? We don’t have a drip system, so having to go out front, unlock my spigot (yes, I had to lock my damn spigot because neighbors were stealing our water!!) and water these things regularly will be a real pain.
Forward the HOA letter to your LL. Adding to the landscaping is not your problem. Trim the tress or better yet hire a "pro" have them do it and if the don't trim the one for some reason have them write a letter. I'm sure your neighbors have a landscaper they use who understands what the nebulous HOA wants done.
My landlord gets the HOA notices as well. I agree that adding to the landscape is not our problem. If the landlord does add plants, will he not be required to maintain them as well?
Without knowing what state you are in it is difficult to know what statute and defenses might be applicable. However, assuming the same restriction has been in place since before you moved in and you have been there nearly 6 years then it would appear statute of limitations or waiver would be defenses to anything the HOA tries. HOA management companies want to try private "fines" to avoid trying to prevail in court.
Even if your landlord is responsible for landscaping you might want to look closely at your lease to see who is required to pay for things other than assessments. Some leases require the tenant to be liable for HOA "fines". Some states have already decided HOAs can't impose fines.
Without knowing what state you are in it is difficult to know what statute and defenses might be applicable. However, assuming the same restriction has been in place since before you moved in and you have been there nearly 6 years then it would appear statute of limitations or waiver would be defenses to anything the HOA tries. HOA management companies want to try private "fines" to avoid trying to prevail in court.
Even if your landlord is responsible for landscaping you might want to look closely at your lease to see who is required to pay for things other than assessments. Some leases require the tenant to be liable for HOA "fines". Some states have already decided HOAs can't impose fines.
I’m in Arizona. And yes, the lease states that I, the tenant, am responsible for HOA fines. That being said, does this mean that the landlord can just sit there and not lift a finger and I’ll be required to pay the fines?
Just spoke to HOA. They told me that the landlord needs to plant at least 4 more plants to be in compliance. At this point, would it not be the landlords responsibility for maintaining these new plants? Also, the landlord would need to install a functional drip system correct?
Just spoke to HOA. They told me that the landlord needs to plant at least 4 more plants to be in compliance. At this point, would it not be the landlords responsibility for maintaining these new plants? Also, the landlord would need to install a functional drip system correct?
No. Your lease says you are responsible for maintaining the yard, that means all of it. Talk to the landlord. Since you must take care of the plants, maybe he could add something low maintenance.
No, the landlord does not have to put in a drip system.
You apperantly aren't happy there, so maybe it is time to give notice and move out. Find a place where you aren't responsible for yard work, like an apartment.
No. Your lease says you are responsible for maintaining the yard, that means all of it. Talk to the landlord. Since you must take care of the plants, maybe he could add something low maintenance.
No, the landlord does not have to put in a drip system.
You apperantly aren't happy there, so maybe it is time to give notice and move out. Find a place where you aren't responsible for yard work, like an apartment.
So wait, the landlord puts plants in AFTER I move in and now I’m responsible for upkeeking them? That makes absolutely zero sense. None. What. So. Ever.
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