Get 2 months of free community web site hosting from Community123.com!
Friday, October 18, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Mold/mildew siding
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JoniT
(Ohio)

Posts:3


09/28/2019 6:37 AM  
We are looking for suggestions on what has worked for other communities for getting people to clean the mold and mildew off their siding. We currently fine them $100 month but we have many homes who are just ignoring us and letting their fines grow. It’s making our community look rundown. Our community is only 3 years old, most homes are in the $400,000 range, and they are still building homes in it but this is also hurting home sales. We’ve offered assistance if help is needed but again we’ve just been ignored.
LetA
(Nevada)

Posts:789


09/28/2019 6:58 AM  
How about finding the cause of the mold? Does your governing documents provide landscaping service to each homeowner?
JoniT
(Ohio)

Posts:3


09/28/2019 7:27 AM  
Each home is responsible for all their own maintenance/landscaping. The mold is very common in our area especially depending which way your house faces and if you get a lot of morning dew. A small pressure washer or even a bucket and sponge with a little sweat equity once or twice year would easily take care of it. We’ve even offered assistance but we’re just being ignored.
JohnT38
(South Carolina)

Posts:117


09/28/2019 7:40 AM  
I hate to say it but trying to regulate laziness/lack of pride is probably a futile exercise.
CathyA3
(Ohio)

Posts:459


09/28/2019 8:02 AM  
It could be algae - as my condo community gets older and the landscaping grows, algae regrows more frequently on the siding. My association power washes our buildings every other year, and we occasionally try some new product that claims to inhibit mold and algae (available at your local big box home improvement stores).

However, if you're in an HOA that is not responsible for exterior maintenance, it's hard to force owners to do anything about it (and I agree, it looks awful).

You might try educating folks about lower property values as a result. I would suggest maybe getting people to agree to allow the HOA to clean the exteriors since you could get a group rate. However, if people own their homes, there would be potential liability issues if something gets damaged.

Re: the fines, many states don't allow an HOA to foreclose based on fines but I believe that Ohio does. (My COA's declaration states that fines are treated as any other assessment, and our attorney agreed that this means we can foreclose.) This may get people's attention. Or take 'em to small claims court for non-payment of the fines. You want the consequences of ignoring exterior maintenance to outweigh any benefit they get from it.
CathyA3
(Ohio)

Posts:459


09/28/2019 8:14 AM  
It could be algae - as my condo community gets older and the landscaping grows, algae regrows more frequently on the siding. My association power washes our buildings every other year, and we occasionally try some new product that claims to inhibit mold and algae (available at your local big box home improvement stores).

However, if you're in an HOA that is not responsible for exterior maintenance, it's hard to force owners to do anything about it (and I agree, it looks awful).

You might try educating folks about lower property values as a result. I would suggest maybe getting people to agree to allow the HOA to clean the exteriors since you could get a group rate. However, if people own their homes, there would be potential liability issues if something gets damaged.

Re: the fines, many states don't allow an HOA to foreclose based on fines but I believe that Ohio does. (My COA's declaration states that fines are treated as any other assessment, and our attorney agreed that this means we can foreclose.) This may get people's attention. Or take 'em to small claims court for non-payment of the fines. You want the consequences of ignoring exterior maintenance to outweigh any benefit they get from it.
JohnC46
(South Carolina)

Posts:8730


09/28/2019 9:45 AM  
Posted By CathyA3 on 09/28/2019 8:14 AM
It could be algae - as my condo community gets older and the landscaping grows, algae regrows more frequently on the siding. My association power washes our buildings every other year, and we occasionally try some new product that claims to inhibit mold and algae (available at your local big box home improvement stores).

However, if you're in an HOA that is not responsible for exterior maintenance, it's hard to force owners to do anything about it (and I agree, it looks awful).

You might try educating folks about lower property values as a result. I would suggest maybe getting people to agree to allow the HOA to clean the exteriors since you could get a group rate. However, if people own their homes, there would be potential liability issues if something gets damaged.

Re: the fines, many states don't allow an HOA to foreclose based on fines but I believe that Ohio does. (My COA's declaration states that fines are treated as any other assessment, and our attorney agreed that this means we can foreclose.) This may get people's attention. Or take 'em to small claims court for non-payment of the fines. You want the consequences of ignoring exterior maintenance to outweigh any benefit they get from it.




Your fines need teeth like a lien.
SteveM9
(Massachusetts)

Posts:3362


09/28/2019 6:44 PM  
Posted By JoniT on 09/28/2019 6:37 AM
We are looking for suggestions on what has worked for other communities for getting people to clean the mold and mildew off their siding.


Bleach diluted with water. Ifind that bleach is the only thing that works well.


We currently fine them $100 month but we have many homes who are just ignoring us and letting their fines grow.


Can you legally fine for this? Is this why people are ignoring you?

.....but this is also hurting home sales.


I can see you have a problem your trying to address, but dont make stuff up. This isn't hurting home sales. LOL.

JoniT
(Ohio)

Posts:3


09/28/2019 7:16 PM  
Steve, thanks for your reply but no need to be rude. I’m literally just reaching out for help here. Yes, we are legally allowed to fine for this. No, I am not making anything up, I’m just trying to give you the big picture and get suggestions. The builder has reached out to the HOA several times about this hurting the appeal of the community. Potential buyers are not wanting to spend this kind of money when many houses along the main entrance are ones looking terrible. They have a new section of $400,000 up to $500,000 homes and there are many other communities around to choose from.. Thanks for bleach suggestion, we know how to remove it, my question is how to enforce it??
SamE2
(New Jersey)

Posts:162


09/29/2019 4:19 AM  
How about changing the documents so the HOA is responsible and increase the dues so you have the funds to clean it.
CathyA3
(Ohio)

Posts:459


09/29/2019 7:50 AM  
Posted By SamE2 on 09/29/2019 4:19 AM
How about changing the documents so the HOA is responsible and increase the dues so you have the funds to clean it.




That would probably be tough. I'm assuming that homeowners own their entire home as well as the ground it sits on (ie., not a condo). At the very least you'd probably need to get 100% buy-in from the community since you could be changing property rights. And there is the issue of liability if the product used by the HOA damages someone's siding (or they claim that it damaged the siding).

Courts also tend to side with homeowners when an HOA acts in a heavy-handed manner.

One thing to look at: does the OP's Declaration give individual homeowners the right to sue other homeowners for violations of the CC&Rs? (The Declarations from HOAs in my area tend to do so.) If so, perhaps a combination of education, liens for unpaid fines, and a little social pressure from the neighbors may help.

Sadly, though, I don't think you're ever going to get 100% compliance in any community without heavy-handed tactics, which may end up causing worse outcomes than the original problem you were trying to solve.
CathyA3
(Ohio)

Posts:459


09/29/2019 8:06 AM  
Posted By SteveM9 on 09/28/2019 6:44 PM

I can see you have a problem your trying to address, but dont make stuff up. This isn't hurting home sales. LOL.





Yeah, it could be. (I worked in new home sales for a number of years, so I know about this stuff.) If a community looks old and neglected, realtors start to gripe about a "bad HOA". Once a community gets a bad reputation in the realtor community, realtors tend to avoid showing the homes to prospective buyers, which reduces the pool of prospective buyers, which in turn will cause sellers to lower their asking prices in order to make a sale. And seriously, if your first reaction to a community is "ew, mold", does that encourage you to pay top dollar in order to live there?

In my community we even keep our landscaping well pruned in order to make the community look younger and fresher. This isn't because we want to pay our landscapers more for additional services, it's to increase curb appeal.
JohnC46
(South Carolina)

Posts:8730


09/29/2019 10:29 AM  
Joni

Search your documents for the right of an association to enter on an owners property to correct a violation the owner refuses to correct. I am not advocating doing it but it could be a cudgel to force them to.

As I said earlier. Back your fine up with a lawyer form the associations attorney threatening a lien. Thta will get their attention.
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement