Question:
Can the HOA remove ALL my plantings in my front yard, no warning, no advanced notice and only 1 had a disease which I wanted removed ? The HOA asserts that they have the right to “update” the plantings, however I had no input on what they put in. It is my name on Deed, I pay property taxes, I pay utilities, how is this possibly legal ?
– Brett
Answer:
Hi Brett,
According to the Ohio Planned Community Law Section 5312.08(A), unless otherwise specified by the governing documents, homeowners associations are responsible for the upkeep of the common elements while unit owners are responsible for their own lot and improvements on the lot.
Kindly review the governing documents to verify whether there are provisions that grant the association the ability to maintain or manage the lot owners’ front yards or provisions that might imply a different allocation of responsibility than the aforementioned section. Also, kindly review the community plat to verify the boundaries separating lots and common areas to make sure the yard is within your lot’s boundaries.
If there are no provisions and the yard is within your boundaries, you may raise this section with the HOA board. You may contact them or bring up the issue at a board meeting to resolve the issue.
Apart from this, the governing documents may contain architectural standards that homeowners must abide by. This may include the kinds of plants or landscaping allowable on front yards. Kindly verify if your yard was in violation of the architectural guidelines in any way. You may also review the HOA’s enforcement procedures. Normally, HOAs must send violation notices to homeowners before taking action.
If the HOA did not follow the guidelines by sending notice, you may raise this with the HOA board. Likewise, you may raise the issue with the board if your yard did not violate any guidelines.
If raising these issues with the board does not work, you may try mediation or arbitration to resolve the issue. Alternatively, you may also opt to remove the problem board member(s) according to the process outlined in the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
