Who is Responsible for Landscaping, Power and Water in a Vacant Home

[shane1234]

My question involves a Homeowners association located in the State of: Nevada


Hello! I couldn't find a thread dealing with HOAs, hopefully this is appropriate here.

My property, like most of the other properties in the neighborhood is vacant, and has been for quite some time now. I’m several months behind on mortgage payments, and it is heading into foreclosure. In hopes of a possible short sale, I have kept up on HOA dues and other bills. Now since most homeownwers have left the neighborhood, the HOA has gone crazy with violations and fines.

In my particular situation, the HOA is responsible for all front yard landscaping. They have drip irrigation systems that are attached to the houses. As the property is vacant, I’ve had the power shut off, which affects the irrigation timer. The water has been shut off as well. I got a notice, 2 actually, from the HOA saying that I am in violation of the agreement and could have a lien placed against the property for the cost of replacing all the landscaping.

Normally I wouldn’t care, but as a lien could disrupt the short sale, I need to get this cleared up. I say that as the association is responsible for the landscaping, they should be responsible for the water and power required to maintain it as well, not me.

The exact wording of the violations is here:

It has been noticed that water to the landscape irrigation has been shut off from your home. Per the CC&Rs, Article II, Section 2.2 Easement for the Association. The Association shall be responsible for the maintenance of the front yard portion of each lot subject to this declaration. If the water is not restored to the landscaping, the unit owner may be subject to a $2,500 priority lien to the property in order to maintain the landscape. Once the dead trees and shrubs are removed, the landscaping will need to be restored to its original condition and then the account will be adjusted accordingly. Please note that per NRS116.31162 a priority lien will be placed on the unit for any unpaid fees, costs or interest charged against the unit and these costs are subject to foreclosure.
The other notice is essentially reads the same, just stipulates power instead of water.

So do I need to go through the CC&Rs and look to see if it actually specifies that I need to provide power and water? Is there any other way I can clear this up without having to spend any more money?

Thanks for the help!!

[Mr. Knowitall]

If you want to know what you are compelled to do under the CC&Rs, Article II, Section 2.2, yes, you need to read it.

[shane1234]

My question involves a HOA property located in the State of: Nevada

Hello! This refers to an earlier post, which is now closed: http://www.expertlaw.com/forums/show...ht=#post589782

In short- the HOA is responsible for maintaining front yards. There is an irrigation timer on the house, but as the house is vacant and has no utilities connected, there is no power to the timer, therefore, no irrigation. I’m being threatened with a violation and possibly facing the costs of replacing the entire landscaping.

Now, I read through the CC&Rs, and didn’t see anything saying I’m required to maintain power on the house. Furthermore, as part of the VA Deed-in-lieu process, I HAVE to have all utilities disconnected, with zero balance on the accounts (including both power and HOA).

So am I obligated to have power on the house? How can I get this violation dismissed?

The specific wording of the article I’m being cited with is here:

Easements for the Association
The Association shall have an easement over the Association property for performing it’s duties and exercising its powers described in this Declaration. The Associations obligations to maintain the Association Property shall commence on the first day of the month following the conveyance of the Association Property to the Association. Until conveyance of the Association Property to the Association, the Association Property shall be maintained by the Declarant. The Association shall be responsible for maintenance of the front yard portion of each lot subject to this Declaration. The Association shall have an easement of ingress to and egress from each lot subject to this Declaration to perform the maintenance of each front yard described herein. In addition, the Association shall maintain the 5’ Private Drainage Easement and the 6’ Private Drainage Easements shown on Sheet 3 of [location deleted] as shown by Map thereof of file in Book [locations deleted] in the office of the County Recorder of Clark County, Nevada. In addition, the Association shall have an easement of ingress to and egress from each Lot for the purpose of maintenance, repair and replacement of the (2) Coach lights installed on the garage of each Residence.

[shane1234]

So is there any legal violations here? What would eb the best way to deal with this? I've tried talking to the HOA and explaining the situation, but they won't budge They want their money. I've been fined $50 per violation by the board.

[Mr. Knowitall]

If you are responsible to irrigate your lawn, failed to do so, and caused the HOA to incur the cost of lawn repair due to the breach of your duties, then that's what happened.

We're not going to be able to absolve you of responsibility with teensy snippets of the legal documents. The language pertaining to the HOA's right of access to perform maintenance is not helpful for determining anything beyond what it says.

[shane1234]

Thanks for the reply. The thing here is I AM NOT responsible to irrigate the lawn. The HOA is responsible for all yard maintenance. They just used the water and power for my house to do so. based on what the CC&R says, I don't feel I should eb help responsible for supplying water and power any more that I should be for providing shovels and rakes. Is there something else I'nm missing?

[SChinFChin]

Thanks for the reply. The thing here is I AM NOT responsible to irrigate the lawn. The HOA is responsible for all yard maintenance. They just used the water and power for my house to do so. based on what the CC&R says, I don't feel I should eb help responsible for supplying water and power any more that I should be for providing shovels and rakes. Is there something else I'nm missing?

According to what you said, per the CC&R "They just used the water and power for my house to do so ..". And because you no longer provide "water and power" from your house, you can't, for reasons you cited, I can't see the HOA hiring a water truck, and lug in generators. And if I was the HOA, I do not feel it appropriate to "borrow" water and power from a neighbor's house eiher, because if I was that neighbor, I'm going to say "I don't feel I am responsible for supplying water and power for the empty house next store if he doesn't, whatever the reason may be, as it's like me providing shovels and rakes.

Or am I missing something here?? In fact, if I was on the HOA board, I would go out and hire water trucks, rent generators, and send you the bill.