Nothing affects more the appearance of a neighborhood than an abandoned house stuck in foreclosure. The weeds and/or grass are out of control in those properties.
The good news is Desert Vista CC&R allows the Association to work on the landscaping – if necessary – and collect the landscaping expenses later during the sale transaction of the house.
Most residents will agree that it is better for the neighborhood if the Association pays landscapers to maintain the weeds on the foreclosed properties – and later get the money back – instead of just collecting money from weed violations.
Together, we can request our property Manager to take care of the weeds on abandoned houses.
If you live in Arizona under the regulations of a HomeOwners Association (HOA), then you know it can be very frustrating.
You’re been told to obey the Covenants, Conditions & Restrictions (CC&Rs for short), and you will be fine. It turns out the CC&R (in my case, from Desert Vista Homeowners) is very vague. The Association start to send letters of violation for weeds in excess of three inches height and/or wide, and the Association say you have to comply per CC&R Article 4.2:
And the CC&R does not say anything about weeds or 3 inch wide…
So, the Association wants you to pay a fine…
But, Arizona law (ARS 33-1803) requires the following information (and not just for weeds violations):
“D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:
- The provision of the community documents that has allegedly been violated.
- The date of the violation or the date the violation was observed.
- The first and last name of the person or persons who observed the violation.
- The process the member must follow to contest the notice.”
If the “Notice of Violation” did not include the first and last name of the person or persons who observed the violation, than there is a good chance the Judge will rule in your favor.
Ask your Association to comply with the State rules!