little big man
New Member
- Jurisdiction
- Montana
In our subdivision, our greenspaces are two lots defined in the city plat which are owned by our HOA, and our covenants define these lots as "common areas" and homeowners are responsible for irrigating and maintaining any "common areas" that abut their property. However, for as long we have owned our home, the HOA has budgeted some of the association member dues to hire a landscaping crew that mows and maintains sprinklers on most of these two lots, except for a portion that is adjacent to our home's lot. It is a shallow drainage gully and it's been left alone to grow naturally each year while the rest of that lot is mowed by the contracted crew.
This summer, the HOA chairperson emailed me saying that this unmaintained gully portion of the common area lot needs to be watered/mowed by me and one other homeowner that borders it, or they will pay the crew extra monies to do the work and then charge us individually for it. I've asked them to consider absorbing this gully area into the collective maintenance that we as an association pay for. Since our HOA is choosing to maintain the other common areas that homeowners would (under the language of the covenants) normally have to take care of, would this new HOA demand be considered selective enforcement of the covenants? Would I have any sort of legal basis for my request to the board that we receive the same benefit as other homeowners who do not have to maintain common areas next to their lots? It would be helpful to have some knowledge on those questions in case I bring it up as a motion at the next voters meeting.
This summer, the HOA chairperson emailed me saying that this unmaintained gully portion of the common area lot needs to be watered/mowed by me and one other homeowner that borders it, or they will pay the crew extra monies to do the work and then charge us individually for it. I've asked them to consider absorbing this gully area into the collective maintenance that we as an association pay for. Since our HOA is choosing to maintain the other common areas that homeowners would (under the language of the covenants) normally have to take care of, would this new HOA demand be considered selective enforcement of the covenants? Would I have any sort of legal basis for my request to the board that we receive the same benefit as other homeowners who do not have to maintain common areas next to their lots? It would be helpful to have some knowledge on those questions in case I bring it up as a motion at the next voters meeting.