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r/HOA
0
Posted by1 month ago

Mowing private property with HOA funds.

Can an HOA mow private property that is not the common area in order to achieve a desired look?

8 comments
33% Upvoted
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level 1
· 1 mo. ago
🏘 HOA Board Member

Can you provide more details?

I’m going to guess that you have a high visibility property in your HOA that is receiving this service, right?

Is it because they aren’t taking care of it? Then yes, however the homeowner should be billed back/fined.

Is it because due to their property being so high visibility, they need to maintain it higher than what the DR’s require? Then the HOA should subsidize it (the work needed to go beyond the normal)

3
level 1

Do you mean like, if they have violated an owner for not mowing their lawn repeatedly and mow the lawn and bill the owner?

1
level 1
· 1 mo. ago
🏘 HOA Board Member

If an owner is not properly maintaining their property, they HOA can mow it and bill it back to the owner.

1
level 1

Only if they backbill the owner of the property

1
level 1
· 1 mo. ago
💼 CAM

There may be a number of instances where this is legal, but it varies by state and governing documents.

For instance...

  1. Association requires homeowners to keep lawn neat and tidy. Homeowner fails to take corrective action after warnings. Depending on how it's written, HOA may have the right to take correct the issue and bill owner. (This varies.)

  2. Some HOAs have the agreement that the association pay for front yard care. It's the main purpose of my HOA. So in this case, not only do they have the right, they kind of have to.

  3. This instance varies legally by state but would fall into the "what is good for the HOA" idea. Some states do not give HOAs the right to make broad decisions on determining actions that are good for the HOA, others do. So, let's say there's an abandoned lot down the street, not part of the HOA, but bringing down home values, the HOA may decide its worth it to contact that lot owner and agree to pay the extra $75 a week to pay in order to protect the HOA's interest... property values.

1
level 1

oh.. yeah.. trespassing on someone's private property and causing damage to their property will work out well for you. criminal trespass and criminal damage charges to worry about.

if they are not maintaining their property then start with written notices and then fines.... HOAs are not above the law if you think you are be ready to deal with the police and lawsuits

0
level 2
· 1 mo. ago
💼 CAM

I mean, it's not trespass if the Association has an easement and self help rights....

1

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Created Jan 9, 2013