Question:
Hi, I am currently having issues with my HOA and receiving violation letters in reference to my lawn. I have lived in my house for over 15 years and have never had any issues until the current board members have been in place, one of which lives 2 doors down. I have always had my grass cut every 10-14 days and they insist that it be cut weekly to “prevent over growth and sprouting.” They also list this as being in the CCR’s under Article IX Section 16 Maintenance of Lot and I have a copy of the CCR’s as of today and it clearly says nothing about a time frame for cutting grass. I have spoken with other neighbors who also have theirs cut every 2 weeks and have received no type of letter. Can a HOA just make up rules like that? I feel like I am being singled out by my neighbor. Thanks and I look forward to any advice you can give.
– Shannon
Answer:
Ask your HOA board to quote the exact text of the provision they claim you are violating. It is possible that the association amended the governing documents and you were unaware of this amendment. That being said, the HOA board cannot selectively enforce a rule. Talk to the board about selective enforcement. Beyond that, you may wish to seek advice from a lawyer.
Unless the governing documents expressly detail a specific procedure, an association must follow Section 47F-3-107.1 when imposing fines or suspending privileges or services. The association must provide the member with notice of the charge, an opportunity to attend a hearing and present evidence, and notice of the decision. Hearings must take place before the board or a board-appointed adjudicatory panel. The panel must not consist of board members or officers.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
