Join the 9 million people who found a smarter way to get Expert help

Recent Landscaping questions

We live in Settler's Village townhome community in Highlands

Hi. My name is***** and we live in Settler's Village townhome community in Highlands Ranch, Colorado.Approximately 10 years ago we were given verbal approval by the then president of the HOA board to plant some flowers in the common area along a rock wall on the south side of our unit. An overzealous landscape employee killed a 2 to 2.5 foot wide swath of sod along the base of the wall with Roundup and we were tired of looking at dead grass, dirt and mud in this narrow area and wanted to do something to make it better.Taking the verbal approval in good faith, we planted some flowers at our own expense. My wife has a very green thumb and before long, we had a very nice flower garden that brought praise from many of the homeowners in our community. She become known as "the flower lady".There has been no objection to the flower garden for the 10 or so years we have maintained and improved the garden.Recently we and other homeowners have had numerous problems with the HOA board and particularly with the current president. There have been large contracts awarded without bids, disputes with several homeowner problems and issues.At the last board meeting on August 16, I had a heated verbal dispute when the president accused me and my wife of calling contractors directly with problems. We have never contacted a contractor directly, and always go through the management company as required. I have been on the board and have been president in the recent past and we know the process for requesting fixing of problems. Even after I assured the president not only have we not called directly, but we do not even have the phone number of the person we were accused of calling. Her response was "yes you do" (Essentially calling me a liar)! All this in front of the homeowners attending the meeting.Now to the problem.The next day the management company sent an ACC Violation notice dated August 17, 2016, received by us on August 20, regarding the garden in the common area and ordering us to remove the garden and replace it with sod - remember, there was no sod in this area at the time thanks to the roundup.First, after 1 years or so, can they still make us remove the garden? isn't there a grandfather clause after so many years?Further, we have taken pictures and documented numerous ACC violations throughout the community that have gone unenforced for many years, including a large flower garden on the side of the president's unit and some flowers and external decorations on the front of a member of the Architectural Review Committee's unit. All clearly violations.It is clear to us that we are being singled out for inconsistent and vindictive enforcement of the Rules and Regulations of the HOA. We do not think this is coincidence!When I was president of the board, we would walk the community twice per month with some of the board, the property manager and contractors looking for conformance to the R&R and landscape problems. I remember on a couple occasions when violations would be discovered, the property manager said that if the violation has gone unnoticed or unenforced for a year of more, there was nothing the board committee could do about it. is this correct? and if so, can you advise the statutes that support this? (CIOAA)Sorry about this lengthy question(s), but can you help?Thanks,Jim

Read more

LawTalk

Attorney at Law

Juris Doctor

32,386 satisfied customers
I purchased a home and allowed the sellers one month of zero

I purchased a home and allowed the sellers one month of zero rent back due to them building a custom home that may not be ready on time. In the contract, they demanded that we would not get a key upon closing and instead would get one at possession on 9/2. Well our new house is only 6 blocks from our rental and we witnessed them moving out on 8/5. They are claiming to still live there yet we drive by several times a day and see the vacant house and them nowhere to be found. The yard is dying, which they are contractually obligated to maintain. The contract does say we are entitled access to the house with 24 hr notice for inspection and any other logical reason. We gave a week notice for inspection and they refused to allow us in. Our agent said it would be a breach of contract to refuse per the inspection clause, so now they will not get back to us via phone or email to arrange allowing us into the property. Since we do not have a key and they are refusing to allow us into a home we now own, are we able to force entry and change the locks? Our agent said while they have to allow us access for the inspection, the contract does not state what we are allowed to do if access if denied and said I would have to seek legal counsel. We closed on the house on 7/22, their agent told us they closed on their new house on 7/29 and moved out on 8/5, and they just don't want to allow us in early for no reason. According to their agent, "they are having a hard time saying goodbye." We have also asked for a copy of their tenants insurance policy and they keep delaying on that - sent us the policy for their new home "on accident" and we asked for the correct documentation and they went MIA again. What can we do? I would like to force entry and change the locks if they still do not allow us access to the home for inspection.

Read more

Loren

Juris Doctor

36,238 satisfied customers
We own 1 of 7 lots on a private street in Renton, WA. The

We own 1 of 7 lots on a private street in Renton, WA. The private street is located on two separate parcels not owned by any of the 7 lots. All 7 lots are included on an access easement agreement for one of the parcels, but only 2 of the 7 lots are on the access easement agreement for the 2nd parcel. Q1: should all 7 lots be included on the access easement agreement for the 2nd parcel? We do not need to access the 2nd parcel to access our lot. However there is road maintenance agreement that says all 7 lots will share costs equally for the private street and landscaping. Our position is that we are not responsible for the road/landscaping on the 2nd parcel unless we are granted access easement agreement. Is this a valid position?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
Our subdivision was built 11 years ago, by an establshed

Our subdivision was built 11 years ago, by an establshed Atlanta builder Centex. Centex placed maple trees and decorative plum trees in front of each house. Our neighborhood, although townhome structures, is zoned as a single family home ownership.Our Board informed us that they are about to undertake an expenditure of removing about 80 grown trees as they pose imminent danger to our driveways. Our driveways do not show any cracking due to roots system. I would like to save my tree. Our covenants give to the HOA the authority to perform regular maintenance only. However, the Board decided to act without individual homeowner's consent to remove tree and radically modify private landscape.What can we do at this point?

Read more

Loren

Juris Doctor

36,238 satisfied customers
Included with a new landscaping plan we plan to present for

Included with a new landscaping plan we plan to present for HOA approval, we would like to remove 2 queen palms located within our private yard of our townhouse. The HOA requires us to get the sign-off of our 2 immediate neighbors before presenting to the board. Can our neighbor block us from getting our landscaping approved because they will not sign if we are going to remove the 2 trees?

Read more

P. Simmons

Attorney

Doctoral Degree

35,156 satisfied customers
I just signed a new one year lease with my landlord. I have

I just signed a new one year lease with my landlord. I have been a tenant for 3 years.The property manager inspected the property prior to the lease signing and found no issues with the property. However due to the current drought the back yard has been a challenge to keep up. I told the property manager that when I vacate next year I would re-sod the problem areas in the yard. I have hired the landlords prefered landscaper to maintain the yard, and have experienced over the last 3 years 7 sprinkler pipe explosions and I hane replaced 12 sprinkler heads at my expense.The property owner was at the property this week to supervise the painting of the house trim, ( HOA reqiurement), and has now told me that he was appalled at the yard and was going to have it sodded and that I was going to have to pay for it.Per my discussion with the property manager this issue would have been resolved when my lease expires.

Read more

Roger

Litigation Attorney

Doctoral Degree

33,418 satisfied customers
Thanks in advance for your time. I rent a house and there

Hello. Thanks in advance for your time.I rent a house and there are ALWAYS problems. Often I have gotten tired of waiting for the landlord to handle a problem and have paid for it myself. House is 100 years old - so there is always something.There is now a massive wasp nest hanging beside the attic window. Soooooooooo - do I get a pest control company - OR is it THEIR responsibility???Please advise.THANK YOU

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
Our tenants moved out July 10th in Los Angeles from a single

Our tenants moved out July 10th in Los Angeles from a single family home and we returned all but $100 of their security deposit as they left an old rusty she'd in the backyard that we have to dismantle and remove. We gave them a second opportunity to remove the shed themselves when they complained about the $100. The tenants could not remove the shed and agreed to the $100. It has been about 3 weeks and we have not had the time to remove the shed. The tenants have asked for their $100 back as the shed is still on the property. Is there a certain time frame in which we need to remove the shed? Also the tenants planted trees on the lot and did so prior to having permission and removed them when they moved. What is the CA law on the removal?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
Loren. You have helped a few times on other matters - so I

Hello, Loren. You have helped a few times on other matters - so I am requesting you again. Thanks again for your time.I have rented a single house for the last several years. Many things have gone wrong and I have paid to have then repaired because the landlords always tell me they don't have the moneyEnough is enough. I am tired of paying. Soooooo - today's issue: I have gotten poison ivy numerous times from what is growing through the back fence. I don't touch it - but I have a dog who I think brushed against it and brings it to me. (I have sprayed, I have asked the neighbor who cuts my lawn to weed whack it - but it returns.)One of the reasons I stay at the house is because of the large back yard. If I have to restrict my dog - I should move.We have had battles before when I have tried to get money from them for repairs - but this is a little different.PLEASE - WHOSE responsibility is it to get rid of this menance??Thanks again.

Read more

Loren

Juris Doctor

36,238 satisfied customers
View more real estate law questions
In The News