lawn maintenance & HOA dues question

Started by FranD • 6 replies • 1716 views

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FranD (Georgia)
Posts: 102

Posted:

Our recent HOA meeting was to discuss 3 new lawn maintenance proposals on the table. One was a re-bid from previous Vendor. All of a sudden without notice there was a vote on the table to make a decision to hire one of them. Someone seconded it. The members who didn't want this new Vendor lost the vote and majority won the vote for new Vendor.

This is my question:
The previous Vendor said he would keep doing our two yards for a certain price. There is nothing in the covenant that says we can't get the management company to write this Vendor a ck for our yards cause we pay $1825 in HOA dues. 75% of the dues go to lawn maintenance. Does anyone know if we can use part of our dues we pay, if not, where does it go? Do we forfeit it to the HOA for their use?

I know if we want to keep the neighbors harmonious we have to give this landscape company a chance. I did talk to our previous Vendor and although he felt railroaded out he wanted to keep the door open in case things don't work out. I think in June they will also end up with a new board. Some thought this was a setup started by a group that has always been problems. Is there something we can do about our dues taking care of us?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Fran,

I will bet you good money that you cannot pay for your own landscape AND expect to reduce that from your dues. My documents state and I know that the Florida Statutes state that all dues are to be equal. If you think that this would work, then other would say--well, maybe I don't want to pay for legal bills, property manager and common area maintenance because I don't use that as well.

See where I am going with this? I think you are asking something that almost borders on ridiculous.

DanielH1 (California)
Posts: 482

Posted:

I agree with Donna.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

an,
Frankly, you need to re-think your position as to what in means to belong to an HOA. First, understand it is not you vrs the HOA, you are the Hoa, an equal part of it. Ideally all should contribute the same in dues and contribute the same in running the organization. There is nothing in your documents that separated you from the whole. That is part of the papers you signed when you bought there. You have not only a RIGHT to be involved in the management of your HOA, you have the legal obligation to do so.....look it up.

Who was this that attended this meeting and voted on this contract. There is never a legal way to spring a "all of a sudden without notice," at the meeting. A motion has to be made, it has to be seconded and it has to go to discussion and then the President has to declare the motion in order. If those things are not done in addition to announcing the vote count and declaring the motion passed as presented, I would venture to say it was illegal and the contract is null and void. But we weren't there, we react to what you say and no matter what is real and what isn't from your post, it seems you all should get together and resolve some of this misunderstandings. That is a Board responsibility to inform the owners of the actions of the board and report on money expended. The owners have the right to this information and I expect there is amply information in your documents or state statute of other governing documents.

CarolF (Florida)
Posts: 435

Posted:

FranD - Were you expecting that the decision about the landscape contract would be made by the homeowners who attended the meeting? That decision is a board function.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Fran,

Are you saying that the landscaper also maintains the yards of the homeowners and you want this landscaper to continue maintaining your yard? Frankly I'm a bit confused about what you are really asking.

HB (Oregon)
Posts: 143

Posted:

Quote:

Posted By FranD on 03/12/2010 8:35 AM
Our recent HOA meeting was to discuss 3 new lawn maintenance proposals on the table. One was a re-bid from previous Vendor. All of a sudden without notice there was a vote on the table to make a decision to hire one of them. Someone seconded it. The members who didn't want this new Vendor lost the vote and majority won the vote for new Vendor.

This is my question:
The previous Vendor said he would keep doing our two yards for a certain price. There is nothing in the covenant that says we can't get the management company to write this Vendor a ck for our yards cause we pay $1825 in HOA dues. 75% of the dues go to lawn maintenance. Does anyone know if we can use part of our dues we pay, if not, where does it go? Do we forfeit it to the HOA for their use?

I know if we want to keep the neighbors harmonious we have to give this landscape company a chance. I did talk to our previous Vendor and although he felt railroaded out he wanted to keep the door open in case things don't work out. I think in June they will also end up with a new board. Some thought this was a setup started by a group that has always been problems. Is there something we can do about our dues taking care of us?

Hi Fran,
Normally these types of decisions are voted on by the Board members only. You most likely cannot and should not get a reduction on your dues if you choose to have this vendor service your yard. The Board cannot always please every homeowner (some will be happy they changed vendors, some will not) but they all need to continue paying dues and will receive the services of the new vendor as decided by the Board.

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