HOA water jurisdiction
This is a discussion on HOA water jurisdiction within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I received a letter from my HOA informing I was in violation of not maintaining my lawn. They mentioned I ...
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Jul 30th, 2012, 07:08 PM
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HOA water jurisdiction
I received a letter from my HOA informing I was in violation of not maintaining my lawn. They mentioned I need to re-sod dead my lawn. The date I received the letter did not leave me ample time to come into compliance as I was not able to find anyone to re-sod my lawn in the required time frame (as allowed by the water district). I spoke with the HOA and let them know that I would re-sod as soon as it was allowed by the water district. However the HOA fined me $100 for being in violation and said I will be fined $250 if I do not get in immediate compliance. Does the HOA have jurisdiction to tell me I must violate the order of the water district as to when I can re-sod or res-ead my lawn?
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Jul 30th, 2012, 10:19 PM
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Re: HOA water jurisdiction
I wish to inform you that your agreement with HOA will determine powers of HOA. In this regard HOA can fine you for non maintenance of lawn if it is because of your negligence. Further, generally HOA cannot force you to violate order of water district because. Fine can generally only be imposed if you were negligent. You can inform HOA that you were not negligent in maintaining lawn so you cannot be held liable for anything. Further the power of HOA depends upon its bylaws which may also be challenged.
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Jul 31st, 2012, 06:10 AM
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Re: HOA water jurisdiction
There is a principle or doctrine of "impossibility" that should relieve you from the fine. When the Water District says you cannot do, the HOA should not be able to fine you.
Tell them to void the fine or you will have a judge decide for both of you. |
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