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Questions about Landscaping Rule

Landscaping is the human elements such as structures, buildings, fences or other material objects created by people. Also it involves people working with the elements of lighting conditions, weather, and the outdoor environment. Many times, ignorance of landscaping laws and landscaping rules can result in questions like the ones below.

If a person has done a landscaping job for a customer and agreed to wait to be paid, how can they retrieve money owed, if a lien was filed after the bank reposed the property.

The person did not file the lien in time and meant that it would not be valid. The claim is against the lady and the husband's estate. If they don't pay, the person that did the landscaping job needs to file a claim against them and then when awarded a judgment, the person can have the sheriff serve a summons on them for a debtor examination. That forces them to meet the person in court and answer questions under oath about their assets. After the information is gathered the person has the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the debt.

If the architectural committee approves changes for landscaping , can a neighbor who buys into the neighborhood years later cause the approval by the committee to be null and void regardless of the expense?

Once the committee approves the plan and the work is done; the committee cannot later withdraw that approval. If the committee even attempts that the person should let them know they will file an immediate suit against the committee and each individual member. Along the same lines, it would be like getting approval to build a house, then letting the person build it, then telling that they have changed their minds and want that person to tear the house down. Once approved, they can’t take that approval away.

Is a renter responsible for damages to landscaping?

If the renter was responsible for maintaining the yard (mowing and watering), and did not, then yes the renter is responsible. The person can withhold it from the deposit.

Neighbor was asked to stay off of property, now there landscaper has killed a good portion of our lawn; how does one go about approaching neighbor correctly regarding the issue?

This is an intentional trespass onto the opposite neighbor’s property and if they want to take it even further charges can be filed in the general court system and ask for punitive damages against the neighbor that is trespassing. Small claims court is only for the collection of direct money damages such as the repair cost but if it is a serious matter then it will be handled by the general court system. Also, the police can be called and they may charge the people with malicious destruction of property. It would be up to them and the prosecutor whether they would pursue the matter.

Are luxury items such as "new landscaping" & "seasonal lighting" supposed to be in the budget of an HOA community?

The board has to follow directions in the bylaws, rules and should not spend money which requires prior owner consent as to large expenses. The person can seek to sue the board for such violation and/or vote them out.

Having the right information about landscaping rules can help individuals deal with difficult situations and make the right decisions. Ask Experts about landscaping rules and other related topics.
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