Texas Homeowner Association Problems (Murphy: homeowners association, house, tenant) - Houston - (TX) - City-Data Forum

Murphywoods7 · 07-07-2013, 10:26 AM

I live in a house that has a homeowners association. The grass is not cut to their liking and they are threatening to put a lien on my house if i do not cut it to their specs. THey raised the fees from $5 a problem to $100-$500 a warning. I have someone who cuts my grass..I believe it is done well. Any help?

TFW46 · 07-07-2013, 10:43 AM

Some will probably tell you to fight the HOA -- but, in my opinion, you agreed to abide by the HOA rules when you bought the house, so you have no alternative but to do so.

Exactly what is it about your yard that the HOA doesnt like? Does your yardman mow often enough? Can you post a photo?

Murphywoods7 · 07-07-2013, 10:47 AM

To go into a little more detail. I have someone living in my home. They take care to the best of their ability. I have someone cutting the lawn weekly, but it is higher than they (homeowners assoc) want. I am wondering if indeed they are able to change the rules from $5 to $500 and if they indeed can put a lien on my home?

TFW46 · 07-07-2013, 10:57 AM

Yes, they definitely CAN put a lien on the house. And, depending on the HOA regs, they probably have the right to increase the fees/fines as they so choose. They probably had a vote on that at one of their recent meetings -- which is why you, as the homeowner, should attend all HOA meetings.

Saying that the tenant takes "care of to the best of their ability" leaves a lot to be questioned. Are you in the same city as your house? If so, do you go by there regularly to check on the outside? If not, how do you know that the yardman actually mows weekly -- and why dont you ask him to lower his lawnmower blade?

ToyYot · 07-07-2013, 12:01 PM

The HOA bogeyman has been beaten to death already. Read this:

https://www.city-data.com/forum/houston/1881293-hoa.html

More than you ever wanted to know.

fordlover · 07-07-2013, 02:42 PM

Quote:

Originally Posted by Murphywoods7

To go into a little more detail. I have someone living in my home. They take care to the best of their ability. I have someone cutting the lawn weekly, but it is higher than they (homeowners assoc) want. I am wondering if indeed they are able to change the rules from $5 to $500 and if they indeed can put a lien on my home?

When you purchased the property, you signed a document that gives them limitless power to do whatever they deem appropriate, and you agreed to it. I feel for your situation, if you do escalate this, you will lose, contract law is pretty cut and dry. Situations like this are why I no longer live or own a home in an HOA controlled 'hood.

texas7 · 07-07-2013, 03:21 PM

If it is being cut weekly; it shouldn't be a problem but if the grass is getting higher and weedier - its a problem and your neighbors probably don't like what it is doing to their home values, so they will complain. Compare yours to those around it - height, weeds, neatness, etc. If it is comparable, then take pictures and send to the HOA and ask them to tell you exactly what the issue is. If it is not looking good, then you can work on it.

piyf · 07-08-2013, 01:25 PM

The weather we're having now there should be no reason why once a week isn't enough. What kind of grass do you have? Depending on the type of grass you have it may need to be higher than other types. Whatever kind you have find out what it needs to be cut to and measure yours. Then send in your info to the HOA. If they don't agree, take them to small claims?

Why homeowners would agree to increase a WARNING to $500 is smurfing stupid.

PedroMartinez · 07-08-2013, 03:05 PM

I know that some weeds can shoot up fairly high in a week, and that must be the problem. A weekly mow (which is what I have done) can't be the problem. I'd contact the HOA to see specifically what the problem with the grass is. Additionally, if you are the one paying for the weekly mow, I'd ask for an email or fax number and sent them a copy of your receipt and/or contract with the yard service.

I think that if you go into this situation trying to "work with them", you'll probably get more accomplished. Attitude and word choice can go a very long way in this kind of situation.

Personally, my approach would be to call them up and say something to the effect of, "I received a letter about my grass. I'm assuming that there must of been some sort of mix up since I contract with a yard company to mow weekly. I'd be more than happy to provide you with my receipts showing that I'm using a professional service. If there is an issue that I'm not aware, I want to work with you to correct it. Can you please tell me the specifics of the situation?"

PedroMartinez · 07-08-2013, 03:09 PM

Quote:

Originally Posted by piyf

Why homeowners would agree to increase a WARNING to $500 is smurfing stupid.

That fee is completely out of line and sounds like extortion (hyperbole).

My guess is that either someone on the HOA committee is using a friend's or family member's legal services and is helping them make a fortune or it's an attempt to instill so much fear that people toe the line.

Regardless, that is insane.