My husband and I rent a home from a property management company. Lately our HOA has sent them complaints about dead grass in our front lawn. Apparently there have been 3 letters and now a final notice of compliance. The thing is they just told us about it and that we are responsible to replace the lawn and to pay the fines even though we didnt know. We also don't feel like the lawn is our responsibility because it has been dead in a few patches for the last 2 years we have lived there. My question is who's responsible for replacing the lawn us or them?
2007-12-05 04:14:26 · 5 answers · asked by Yoyo 1 in Home & Garden ➔ Maintenance & Repairs
You will have to read your contract.
I would definately make a stink about not getting the first 2 notices.
2007-12-05 04:17:06 · answer #1 · answered by Jo 6 · 1⤊ 0⤋
To try to answer this ?. we have to know if your rental unit is a condominium (where the owner owns the inside only, the rest being the responsibility of the HOA) or a TownHome (ownership is fee simple like a regular home and you own and are responsible for the property and lawns your home is sited on, the HOA being only responsible for community common areas).
If it is a Townhome, your rental contract should spell out the responsibilities of each party. If the owner is responsible, he must pay the bill and you should send these to him by certified mail, even if he has received his own notice. Typical townhome rentals are not responsible for separate homeowner association fees. The owner has to pay them.
If it is a Condominium, this damage usually is paid from the HOA budget unless it is known and proved that you have caused that damage. If the damage is general, or spread over several properties, the case can be made for the HOA being responsible for repairs.
I am a former TH owner and Condo owner and have had experience with pseudo lawyers on the HOA board trying to intimidate the people who live there. If you believe you are right, don't settle without a fair hearing.
2007-12-05 04:39:41 · answer #2 · answered by menasha_rabinowitz 3 · 0⤊ 1⤋
I would think the answer to this would be in your HOA contract. Read it and find out what it says about maintaining the landscape. If the lawn was damaged prior to your moving in, it should not be your responsibility to repair it regardless. My advise to you is when ever you rent, take pictures of any damage you find whether it is documented by the owner on rental agreement or not. And take photos of damage as you find it while living there. I hope this helps, these things are a bit tricky at times. Also there are usually agencies listed in the phone books that can assist renters with situations like this.
2007-12-05 04:25:44 · answer #3 · answered by Jethro Bodine 3 · 0⤊ 1⤋
They probably have more money than you (just a guess), and therefore they have access to more lawyers. I would discuss this with them and try to get an extension on fixing the problem. Bring up that it's been two years, ask them if they have any advice about keeping the grass in that area alive, and if they recommend any lawn guys. Just show that you're trying. I do think it's ultimately your responsibility financially, though. HOAs suck.
2007-12-05 04:18:46 · answer #4 · answered by Anonymous · 1⤊ 0⤋
owner,
2007-12-05 04:31:59 · answer #5 · answered by William B 7 · 1⤊ 0⤋