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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My name is***** live in the Dudleys Grant

Customer Question

Hello my name is***** live in the Dudleys Grant Drive. I wanted to make you aware that we are in a situation where the home owners association is in a breach of contract with the home owners. We are paying the amount of $81.50 a month for services that are out lined in the home owners association bi-laws. The construction started around 2003-2004. I live in the second row of town homes that where built. As of yet nothing has been done as far as lawn care with is in the home association contract. We have dead bushes that takes up to two years to have replaced. The bushes that are being replaced do not match in anyway with the previous bushes and the lawn car only consist of mowing and trimming. The tractors that are used are hitting the heat pumps and when reported we are being told that we have to contact the landscapers about this as it is there insurance that will pay for the damage to the heat pumps and any damage down. It would be reasonable to expect that replacing the contract with the landscapers would be the usual course of action although that is just not happening. The yards have very little grass growing in the lots which we own and when we complain to the home owners association we receive no response. The person that is responsible for handling the damage done by the landscapers is reported not response if given my Michele no last name given. I have also spoken to Rocky Russell would is the self appointed as the director responsibility for the yard car but he only referes the home owners to contact the women named Michele. I was on the board for a period of at the least 18 months and only once did I receive a response a reply from the women named Michele. People who wish to sell there homes are faced with what should be termed as no pleasing lawn for demonstration . The $81.50 is collected for approximately 350 homes in the development x the amount of $81.50, That comes to a sizable amount to pay for all the needs of the development for the development. We need an attorney to represent the people that have now lawn that would be considered pleasing to the eye. I wish to proceed with a Escrow account that would collect the $81.50 a month until a statisfactory job is done to repair and correct the problems with the lawns. Also the damage to the Heat Pumps that are hit with the tractor and this is not the job of the home owner to contact the man that owns the landscaping business. He has lied to myself on a continuous basis telling me that he orders the landscapers to not enter the area where the Heat Pumps are stored and he swears that they are not violating the orders. I have pictures showing the tractors using extreme excesive speed to travel through the areas where the heat pumps are mounted. The cost of the heat pumps as to the best of my knowledge is $6,000. Once the damage is done the home owner must fight with the home owner as to the person responsible for the damage. I will be doing videos to prove that the lanscapers entering the areas that the heat pumps are stored. No home owners should not be responsible for the repairs done after damage it caused by the landscapers. If you are interested in this case please contact me as my neighbor and myself have spend over $150 in our funds to try to correct the landscaping problem. Thank you. I will be awaiting your contact for a decision and questions as to your interested in taking the case of the breach of contract on behave of the Home Owners Association and the self appointed manager of the head of the home owners association.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
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