Question:
Our HOA consists of 14 homes where the last home buile was in 2003. I believe it started in 2001 or 2002. All of the homes and common areas are on one, single irrigation system.
The HOA fees have always covered maintenance of the sprinkler system, and the mowing of all common areas and front lawns of all homes. The front lawns aren’t called out specifically in the CC&R’s, but have always been covered as part of the HOA fees.
There are a couple homeowners, who removed lawns, that were not approved by the Architectural Control Committee. Further, they are requesting that the HOA fees should not cover the maintenance of the front lawns of homes and that cost should be the responsibility of the homeowner.
Because maintenance of all front lawns and common areas have always been part of the HOA fee coverage, can the HOA continue to include this maintenance as part of the annual HOA fee assessment?
Thank you,
– Diane
Answer:
Hi Diane,
It depends on your governing documents. Check your community plat or map to see which areas are designated as general common elements, limited common elements, and exclusive common elements. After that, check your CC&Rs to see who holds responsibility for each type of common element. Some HOA documents are not specific. If yours is the same, it is best to amend your documents to settle the problem once and for all. That would usually require a majority vote of approval from the membership. It is recommended to seek the help of a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
