A Redditor has been having a massive headache with their homeowners association and needed to vent to the community at r/f***HOA.
"We have a landscaping and sign easement on our property," wrote the original poster. "In the bylaws and covenants, both explicitly state the HOA is responsible for landscaping in those areas and the cost to maintain comes from the dues collected. … In the two years the HOA has not had landscapers do anything beyond trimming bushes that die from over pruning then replacing the bushes to kill then again."
In that time, the original poster reported that the area had become so overgrown that rats and snakes have migrated there, which in turn attracted foxes. "Nothing says 'Safe for kids and dogs!' like rabies vector species all in my yard," lamented the original poster. "We have politely and professionally explained to the HOA that they need to hold up their end of the deal."
The poster had taken to attending HOA meetings to voice their complaints, which routinely devolved into the president yelling over the residents. That president had also been ignoring e-mails to address the problem.
The situation hadn't improved much by going to the municipal authorities. After an inspection, officials informed the homeowner that it was the poster's responsibility to maintain the property, even though the easement had placed it under the HOA's jurisdiction. In fact, the poster could be fined if they don't meet ordinance requirements.
Working with a homeowners association on landscaping issues is a big challenge. In other instances, HOAs have ignored easements to remove trees, enforced them to prevent building erosion protection, or used them to protect grass over trees. These organizations can often be barriers to property upgrades that benefit both homeowners and the environment.
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Reddit commenters were squarely on the original poster's side as they looked into legal action.
"Your instinct to talk to a lawyer is correct," wrote one community member. "the HOA Is in breach of contract."
"Even though there's an easement, it's still your property," said another. "If the HOA isn't being responsive, go ahead and sue them, and/or do the cleanup yourself. The HOA has no right to complain. Save your receipts, try to get reimbursed."
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