TammyA
(Oregon)
Posts:2
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| 08/09/2008 10:20 PM |
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| Can my HOA make me water my lawn? |
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GlenL
(Ohio)
Posts:1466
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| 08/09/2008 11:08 PM |
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| What do your documents, the Covenants you agreed to be bound by when you purchased your home say on the matter? If they are silent do they give the Board the power to impose rules? If it does; did they? |
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SusanW1
(Michigan)
Posts:2316
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| 08/10/2008 5:32 AM |
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Do you own your yard? (property?)
Any rule would have to be uniformly enforced - so the question is: Can the HOA require that residents water their lawn so that . . . . ??? Why? so all are green? the same color? what's the purpose of the "rule"? What's next? fertilizer and lawn seed rules?
The rule is ambiguous and would be very difficult to enforce.
Any HOA who wants control over the lawn should install a watering sysrem throughout the sub. and implement their own watering system schedule. Cost passed on in the dues, of course.
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GeraldT4
Posts:934
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| 08/10/2008 6:06 AM |
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| SusanW1 - A rule requirement that all lawns be well-maintained (mown, watered, etc.) is reasonable, the purpose of which is to help the value of the community, rather than hurt it. Don't you think? |
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SusanW1
(Michigan)
Posts:2316
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| 08/10/2008 6:26 AM |
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I understand the mowing and clean-up, but does the definition of "maintained" incude watering?
How green is green enough? sage green? evergreen? grey green?
No wonder people pull up their lawn and install gravel and rocks or enough put in extra landscape trees and bushes to minimize lawn size.
This should be cute . . . keep us informed.
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GeraldT4
Posts:934
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| 08/10/2008 6:57 AM |
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| SusanW1 - The debate on what a lawn should be, and the shade of green aside, watering and or upkeep is essential to good maintenance of any type of landscape. Repeat, "or upkeep". If you don't water the lawn there will be weeds, it will not be well maintained. If you don't weed between the gravel and rocks It will be unsightly, and detract from the value of a community. That is the purpose of a rule that requires maintenance. It is to protect the property values of the community. |
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GeorgerwilliamsW
(Indiana)
Posts:768
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| 08/10/2008 7:18 AM |
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OK, folks.
Our water company is calling for voluntary conservation of water. They ask that people do not water their lawns.
The problem is not lack of water, but lack of treatment capacity.
Whadda ya' do now, hunh?? |
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GeraldT4
Posts:934
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| 08/10/2008 7:25 AM |
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| You abide by the water restriction enforced by the town/borough/city/state, etc. Once the restriction is lifted, you abide by the rule and regulations of the association you reside. |
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GeorgerwilliamsW
(Indiana)
Posts:768
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| 08/10/2008 7:44 AM |
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Posted By GeraldT4 on 08/10/2008 7:25 AM
You abide by the water restriction enforced by the town/borough/city/state, etc. Once the restriction is lifted, you abide by the rule and regulations of the association you reside. That is all fine and good, but what about a request for "voluntary" conservation?
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GeraldT4
Posts:934
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| 08/10/2008 7:56 AM |
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| Folks can conserve and still maintain healthy gardens and lawns. The rule of the HOA, if there is one, is not voluntary, therefore technically the rule supersedes, the lawn and garden must be well-maintained. If an authority higher than the HOA institutes a restriction than that is what takes precedent. However, the HOA Board could and probably should discuss the request for voluntary conservation with the community and come to a determination on course of action that is acceptable to the consensus. Such as water your lawn and garden every other day, do your best to maintain your lawn and garden while still conserving. Good practice anyway if you ask me. |
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MaryA1
(Arizona)
Posts:2498
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| 08/10/2008 8:09 AM |
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Tammy,
They may not be legally able to require you to water your lawn, unless they've really adopted such a rule. However, they may be able to send you violations notices if the grass turns brown and the yard becomes unsightly. "Unsightly" is in the eyes of the beholder and that is the HOA BOD! I'm sure your CCR restrictions have a clause pertaining to the appearance of the property. |
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DonnaS
(Tennessee)
Posts:2948
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| 08/10/2008 12:46 PM |
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Mary,
I just looked at Tammy's State. OREGON! They hardly ever have water problems. Doesn't it rain there every day? Anyhow-- part of my new life in Tennessee is that I went back to school. I am a Certified Master Gardner for my County.
One of my projects for my volunteer hours is Xeriscaping, which means gardening with natives and little water. Many States have enacted laws that HOAs cannot restrict you from implementing this type of yard. The difference is when a owner lets the yard go to pot or call it what you want. Tammy needs to tell us what she has been cited for. Neglect is not the same as Xeriscape.
We just had a woman here hauled to court by her neighbors because she planted all of her yard, front, back and sides, with native grasses and wildflowers. The HOA wants all green manicured lawns. The County Agent was called to court and had to testify against the HOA ideas of ideal plantings. The Judge ruled in favor of the wildflowers. It actually looks pretty nice but does not match the rest of the neighborhood. But we have posted so many times about having to implement water and energy saving systems so I guess that we will all have to ease up soon on what we perceive as the required look for our HOAs |
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KirkW1
(Texas)
Posts:1190
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| 08/10/2008 8:41 PM |
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While I can not say if your can make you water your lawn, I can say that other HOAs can and do require owners to water their lawn.
I happen to think that HOAs should also encourage good stewardship of natural resources. Unfortunately, many don't. |
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TammyA
(Oregon)
Posts:2
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| 08/10/2008 9:21 PM |
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| I completely understand that the HOA wants everyones yard and such to look nice blah, blah blah this is my situation my house is from 1960 we have 1/2 acre of land . We were the original house here and then the owner sold their land which is what turned into the subdivision. My house is on a flag lot it is completely fenced in and the subdivision backs up to my house I only have 1 neighbor but we are grandfathered into this HOA. No one sees our house and it costs us too much money to water our lawn we plan on putting in a sprinkler system eventually. They have nit picked us to death and I am tired of being picked on so really I just wanted some insight. Thank you all. |
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KirkW1
(Texas)
Posts:1190
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| 08/11/2008 5:11 AM |
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Tammy,
The latest information you provided could paint an entirely new picture. I hate to say it, but you really need to read the documents. You may even need the opinion of a qualified real estate attorney. But start with the documents as they may deal with your property differently then the rest of the HOA. It also could well be that the HOA didn't have the power to place your lot in their restrictions, but that will take a lawyer.
Most likely someone there has a bug up their butt because you don't meet the same standard as the HOA. People get very petty trust me. I suppose I could even be such a petty person as I didn't think twice about passing on a house that abutted as area with no active HOA (as evidenced by their maintenance level). I thought, "No way am I going to deal with the HOA when the house right there doesn't come close to their standard." I figure that when it comes to getting comps, the house just outside the HOA could affect the house just inside the HOA.
As an aside, I don't think that would be the case based on what you have said. I do think that your land may be worth more then your house. It could well be that if on the market a person would buy the place to tear your house down and make several lots on it that would blend into the rest of the HOA. |
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SusanW1
(Michigan)
Posts:2316
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| 08/11/2008 5:17 AM |
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Tammy - this problem is only going to get worse.
Talk to a landscape designer and ask for help in reducing the size of your lawn. Plant lots of trees and tall grasses, and have mulched areas.
P.S. Just curious - how did your property get brought "into" the HOA since you are not really in the original subdivision?
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GeraldT4
Posts:934
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| 08/11/2008 5:28 AM |
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TammyA - Being "picked on" means no one else but you is required to adhere to the rules of the HOA. Is that so? Are you being discriminated against or are you being treated fairly?
You realize the need for water since you plan on installing a sprinkler system. However, xeriscaping is something you might want to look into. You can try to reduce the amount of lawn you have by creating planting beds and install plantings that require less water and in those areas you can install seeper hoses around the plantings.
If the reason for your lack of watering is financial, try to communicate with the HOA, explain your situation, that you recognize the need to adhere to the policy and that you are actively working on compliance. |
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DonnaS
(Tennessee)
Posts:2948
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| 08/11/2008 5:42 AM |
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I think that I have Tammys scenerio now. She is probably owning the original "homestead" and sits either backed up to or is integrated into the HOA property. The developement was built around her and the buyer/developer included her property as part of the HOA.
As KIrk said, I'll bet the answer is in any documentation that she may have recieved at the sale time. Tammy, you will need to read that paperwork, just as Kirk said, and find the answer there otherwise get an attorney to look at it.
But you have other options. Xeriscaping, the use of rocks and ornamental grasses requires not to little watering. I would not want to look at a dried out brown lawn all of the time either so a little work and you can have a beautiful yard. 1/2 acre with a house in the middle is not that huge so it can be made beautiful. |
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BradP
(Kansas)
Posts:1742
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| 08/11/2008 6:37 AM |
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Tammy:
There are many ways to reduce the amount of water you put on your lawn and still keep it in what I would call decent shape. Susan is right, the first step you need to do is look at ways to reduce your overall grass by doing other landscaping. Most lawns require an inch of water per week in order to survive, ideally that is applied in one or two applications a week with heavy watering. This promotes root growth to maximize water usage. A lot of homeowners make the mistake of watering every day and in short durations which requires more water because of shallow roots.
Another step is to cut back on the amount of fertilizer you use, the more you use the more water you need...I would get a definition from your HOA on what a maintained yard is supposed to be, is it lush, thick and green, or mostly green and not necessarily thick.
Where I live we have wet springs and falls so I fertilize heavily in the spring and fall and rely on the rain to help me out. The summers are hot and dry so I don't fertilize and water just enough to keep the grass somewhat green and from going dormat. |
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DwightT
(Idaho)
Posts:483
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| 08/11/2008 10:41 AM |
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Anybody see this story linked to from the HOATalk front page?
It’s hard to obey both lawn and water cops
Lots of people having problems with water restrictions these days. Part of it comes from general over-development with people insisting that they must have lots of green grass in areas where it doesn't really belong, and as Brad mentioned part of it is also from people over-watering that grass. Watering every day is not necessary, and in the long run really isn't good for the grass. A couple of deep waterings per week is typically sufficient and makes for an overall healthier lawn.
Tammy - as has been suggested, you might want to work with your HOA and see if they will be agreeable to some lawn with the rest of the property planted in natives. I have a large lot (for my neighborhood), but only about 1/3 is grass. The rest is a xeriscaped garden. I use very little water, and the neighbors all love my garden.
BTW: Donna - Western Oregon my get a fair amount of rain, but the eastern side (and western Idaho) has a whole lot of desert. We mostly rely on mountain snow pack melts for our irrigation water during the summer. A mild winter can mean a really ugly summer.
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BradP
(Kansas)
Posts:1742
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| 08/11/2008 12:18 PM |
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Dwight:
Good post...that is where your BOD's needs to think outside the box and use common sense. I am very, very picky about my lawn, but even I know that fertilizing and heavy watering in the summer is not good for the grass... |
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