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. Iím 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, Iíve 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 wouldnít 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:
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?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.
Thanks for the help!!