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Taking HOA to small claims?

3,424 Views | 19 Replies | Last: 6 yr ago by Martin Cash
CS78
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One of the larger HOAs in town keeps nailing me for tenant not mowing. The pictures they send of the grass being in "violation" don't look bad to me at all, I drive through the hood on a regular basis and other homes are much worse, tenant uses a lawn guy so I know it's getting mowed. I tried talking to them and their response/ thoughts are basically "have your tenant do a better job". When I bought the house, a few neighbors expressed their displeasure with it being a rental. I'm guessing one of them is complaining. I have asked to speak with the HOAs lawyer and waiting to hear back. At this point it feels like the fines will continue if I don't escalate. Don't know what else to do so likely going to file suit with the JP court. Anybody ever taken an HOA to court? How did it play out?


Deats99
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AG
First off what is the standard per the HOA Conenants? Do the say "XYZ" or do the say "to the standard of the neighborhood" or "at the discretion of the board"?

They have deeper pockets and better insurance would be my thoughts as a HOA board member.

There is something else that is hacking off the neighbors that cannot be quantified in a violation notice so theyard gets picked on. A conversation with adjacent neighbors might be the best course of action is what the former rental property owner would say.

As a home owner I could care less whether a property is rental or not, in my experience things are not taken care of as well as they should be by a tenant. Ex. We have a neighbor that rents, sure his yard is usually mowed, but his landscaping makes the house look at out of place. Not because it is not tended to, but it just does not look like anyone cares. i.e. owner's pride


I would ask for pictures with time and date stamps of violations. Management companies can make your life difficult.

Good Luck!

A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
mtony77
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Not sure what exactly you are going to sue for. Probably easier to just have tenant mow more frequently or start charging him the fines. I'm sure your rental agreement states they must maintain house to HOA guidelines.
CS78
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I've asked a couple of times for exactly what the problem was with the lawn and have never gotten an answer for most dates. One time, they did say there was grass growing in a crack in the driveway and that was a problem. Of course, 75% of the homes on the street have the same, then and now. I made sure the lawn guy knew to hit that each time and it's been gone for a while. Bylaws say 12" tall grass and 3" hanging over the curb is a violation. Not sure if that has to be a certain percentage of the lawn or not but it's never been to that point. Right now, Im sitting at $240 in fines. That's not worth going to court over. The problem is, Ill be keeping this house 20+ years so it has to end sooner rather than later.

We landscaped the flower beds when I bought it. I got it from the original owner and we did a lot of improvements only to catch hell from the time we put boots on the ground.
CS78
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They send pictures with date stamps. The problem is they don't show anything wrong.

The tenant has been paying the fines but if I keep asking him to, Im going to lose a good tenant.

I just got proof from the tenant that the lawn guy mowed three times in Sept. The last was Sept 25th. Violation was issued Oct. 4th.
Ragoo
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CS78 said:

I've asked a couple of times for exactly what the problem was with the lawn and have never gotten an answer for most dates. One time, they did say there was grass growing in a crack in the driveway and that was a problem. Of course, 75% of the homes on the street have the same, then and now. I made sure the lawn guy knew to hit that each time and it's been gone for a while. Bylaws say 12" tall grass and 3" hanging over the curb is a violation. Not sure if that has to be a certain percentage of the lawn or not but it's never been to that point. Right now, Im sitting at $240 in fines. That's not worth going to court over. The problem is, Ill be keeping this house 20+ years so it has to end sooner rather than later.

We landscaped the flower beds when I bought it. I got it from the original owner and we did a lot of improvements only to catch hell from the time we put boots on the ground.
have your lawyer write the HOA a nice letter letting them know you will not be paying the fines and for future reference are willing to meet with the HOA inspector on a moments notice the next time a violation is discovered so you can gain a better understanding of the concern. Include your direct mobile contact information for future correspondence.
hopeandrealchange
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Is it in College Station? I am having a similar problem. Owner occupied homes are in horrible condition around my rentals and code enforcement is nit picking about a student or possibly parent parking one tire on the grass in front of the drive way on game day. All the while a next door owner occupied home has a junk car parked 100% in the yard and it has been there for weeks. The city of College Station has a hard on for rental owners and it is obvious. If it continues the tax payers will get the opportunity to fund the payout of another big settlement.
gvine07
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Do you know if the other homes are being fined? I live in an HOA where some people are paying fines every month to have a fence that doesn't follow the HOA rules. Whenever people want to put in a similar fence they say "but these three houses have the same thing...." but then learn those homes are paying for them
Deats99
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CS78 said:

I just got proof from the tenant that the lawn guy mowed three times in Sept. The last was Sept 25th. Violation was issued Oct. 4th.
9 days is plenty of time to start looking shaggy
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
will.mcg
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AG
Deats99 said:

CS78 said:

I just got proof from the tenant that the lawn guy mowed three times in Sept. The last was Sept 25th. Violation was issued Oct. 4th.
9 days is plenty of time to start looking shaggy


That depends heavily on amount of rainfall.
tamutaylor12
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9 days, even with rain, is enough for it to look like it needs to be mowed. Is needing to be mowed fine worthy though? To me, fines should be reserved for really messy lawns, not ones being mowed 3 times a month.
Deats99
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I understand that may be your opinion, but the opinion of the board, the membership that elected it, and the management team is that they shouldn't have to remind you to mow. Not sure about this situation but the HOA usually pays for those letters.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
The Collective
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Holy crap - fined after not mowing in 9 days? I'm glad that I live in the country.
BigPuma
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yes but there is no friggin way the grass is a foot tall like the OPs HOA defined the lawn needing to be mowed.
Deats99
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I don't know. If I go past a week the damn dallisgrass and bahia grass from the pasture behind me shoots up awful quick.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
Carnwellag2
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Deats99 said:

CS78 said:

I just got proof from the tenant that the lawn guy mowed three times in Sept. The last was Sept 25th. Violation was issued Oct. 4th.
9 days is plenty of time to start looking shaggy
not 12" shaggy and certainly not beginning of october (growing season slowed)
Carnwellag2
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Deats99 said:

I understand that may be your opinion, but the opinion of the board, the membership that elected it, and the management team is that they shouldn't have to remind you to mow. Not sure about this situation but the HOA usually pays for those letters.
I think if you take pictures of the other lawns that have similar growth before cutting as your lawn - i would stop paying the fines and then take to court of needed. If the same standard isn't applied universally you will win every time.
Deats99
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Carnwellag2 said:

Deats99 said:

CS78 said:

I just got proof from the tenant that the lawn guy mowed three times in Sept. The last was Sept 25th. Violation was issued Oct. 4th.
9 days is plenty of time to start looking shaggy
not 12" shaggy and certainly not beginning of october (growing season slowed)

Up here in Dallas Bahia grass is blowing up. We had to call our management company and tell them to chill for a couple of weeks.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
Presley OBannons Sword
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if I got an HOA fine for letting nine days go by between mowings, I would go up to the next HOA meeting and shove the ticket up the ass of the HOA president. that is ridiculous, even in the heaviest growing season.

I think you nailed it when you said that someone is discontent about having renters around.
scrap
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AG
Bottom line HOAs have deep pockets and most don't care about you excuses. Threats of a lawsuit will only unify the board members and the residence of the HOA, especially since they don't see you as one of them. They also see your property (right or wrong) as a threat to their appreciation. You don't want an adversarial relationship with the HOA.
Best try to find the neighbor who is bringing your yard to the attention of the HOA and try to find a peace arraignment.

I'm going to go out on a small limb here and guess that you used to live in this house or your child did. I could be wrong and if so disregard the rest. However, if I am right, then you might consider selling the home and replace it with a better income solution that has no HOA associated with it.......for example a duplex.

Good Luck.
Martin Cash
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Reason number 23.693,492,405 to not buy a house in a subdivision with an HOA.
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