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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99981
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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These are several questions with subject: HOA rights. I have

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These are several questions with subject: HOA rights. I have had several questions well answered here by William B. esq and he would be fine. (or someone of equal quality)
Main questions: 1) Does an adjacent HOA have rights that would allow them to manage and pay for gardening and mowing services exclusively on our HOA property and without our approval? -- 2) Do I (as an individual) have the right to notify either the gardener or contact the police about trespass? -- 3) Same question as 2 except with me as the president of our HOA? -- 4) Does any maintenance in our area by another HOA sacrifice any rights that we have to this land?
Background and history: Location is North Bend, Oregon. Three individual plots were created from a single larger plot by the developer, starting about 1995. Each was separately developed and separately conveyed to new owners with each plot having a stand-alone area description, set of CC&Rs, and process for electing officers.
Until September of this year, the HOA's shared a common gardening service and payment and 1099 forms handled by each of our HOAs. This must have been by a friendly handshake. I have been president of this HOA for slightly over one year and have never found any record of agreement on past maintenance practices, other than the HOAs shared expenses and reimbursed each other via check. Each HOA files separate IRS forms which included all money transactions.
After September, the adjacent HOA decided to break away and pay for maintenance. One of the areas, exclusively owned by our HOA, is the common road (private not city) starting at the city street and continuing beyond our HOA and onto the adjacent HOA. Access to utility easements and traffic right-of-way is clearly stated in each HOA property description and we would never argue with their having rights to use this road for traffic.
I have gone to our county recorder, obtained copies of the various CC&Rs and referenced land descriptions for the HOAs, and sent proof of our ownership to the adjacent HOA. The only reply from the adjacent HOA that I have received, so far, has been an email stating that "..our membership voted at our meeting that i should get a new yard service agreement, which i have done. we will not be extending the old yard service agreement into 2016...". No comments about ownership.
No new president was elected at the last of our HOA meetings. So, I am acting as "president-pro tem" and have notified our members as such. Going forward and because of this mess, I will not meet with the other HOA unless the meeting is fully documented. No encroachment is expected until after January 1, 2016.
Thanks, *****
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) Does an adjacent HOA have rights that would allow them to manage and pay for gardening and mowing services exclusively on our HOA property and without our approval?

Generally speaking, no. However, there is an exception outlined below.

An adjacent HOA - much like any third party - cannot simply agree to manage/work on a property without the approval of that property's owner. However, an adjacent HOA can enter into an agreement with your HOA to manage your HOA's common grounds and any private property that your HOA has a duty to manage. This is called "assignmentship" and your HOA can assign that duty to another party (i.e. the adjacent HOA) provided the decision was reached properly via parliamentarian procedure by your HOA.

Your HOA still maintains the overall duty/liability for the maintenance but they simply have someone else do it, then.

-- 2) Do I (as an individual) have the right to notify either the gardener or contact the police about trespass?

Yes. Assuming that (a) your HOA has not given approval to them to do this, and, (b) their maintenance is either of your common property or private property that your HOA has assigned to them.

3) Same question as 2 except with me as the president of our HOA?

Same answer applies.

4) Does any maintenance in our area by another HOA sacrifice any rights that we have to this land?

No, it does not.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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