Question:
We have a HOA of 6 homeowners. We have a private road with a common ground space on the left side of the road that is adjacent to agriculture pasture. It is a strip of 6 feet across but along the entire private road. 3 houses are on the right side of the road across from the common ground and 3 houses are on the right of the those homes and not across from the common ground. The HOA Board had a vote to have 3 houses of the 6 assume the responsibility to maintain that landscape. They had a vote and of course the 3 homes that are not close to the common ground area voted yes that the 3 homes across from the common ground should take on the responsibility of maintaining that area. It is lined with tall Norfolk Pines and requires a lot of upkeep. Thus we are not being treated as equal HOA members. The Board (2 of which would not be required to do the maintenance and the other board member has a small area) have declared that only 3 homes out of the 6 are required to maintain this area. What are our recourse if they penalize us with fines.
– Marsha
Answer:
Hi Marsha,
Kindly review the governing documents to verify their provisions regarding common area maintenance. Typically, common areas accessible to all are the responsibility of the HOA. Homeowners may be responsible for upkeep only for limited common areas — those only they have exclusive access to. You may raise these maintenance duties to with the board by contacting them directly or bringing up the issue at a meeting.
If the board is unresponsive or uncooperative, you may also resolve the issue by requesting for third-party mediation or arbitration. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
