If there is a vacant lot in the HOA, who is responsible for maintaining it? This is a question many homeowners and board members ask. Since no one is living on the lot, should the responsibility fall under the association?
Who is Responsible for Maintaining a Vacant Lot in an HOA?
Homeowners living in an HOA have maintenance responsibilities, but these responsibilities only extend to their private properties. The HOA itself is responsible for maintaining the common areas and shared elements in the community.
Specific maintenance responsibilities can be found in the governing documents. To avoid potential penalties, homeowners should review these documents to understand their responsibilities.
When it comes to vacant lots, homeowners usually have more questions than answers. Yet, the general principle remains the same. The lot owner is responsible for maintaining the vacant lot, unless the governing documents state otherwise.
Penalties for Failure to Maintain a Vacant Lot in an HOA
Homeowners associations are known for enforcing strict rules concerning everything from property maintenance to architectural standards. Many associations require owners to mow their yards and maintain their homes. When a lot owner fails to fulfill these obligations, they can face several possible penalties.
Perhaps the most common penalty comes in monetary form. Depending on state laws and the governing documents, HOAs generally have the authority to impose a fine for violations.
In Texas, the law does not automatically give HOAs the power to fine owners. That power must be granted by the association’s governing documents, particularly the CC&Rs or bylaws. If an HOA has the authority to impose fines, the HOA must develop an acceptable policy according to Section 209.0061 of the Texas Property Code.
Additionally, as per Section 209.006, an HOA must provide adequate notice before imposing a fine. Homeowners must receive a reasonable timeframe to remedy the violation and avoid the fine if the violation is curable.
Another common penalty is the temporary suspension of an owner’s privileges. This includes access to common amenities and services. Again, to have the authority to impose this penalty, the governing documents must allow it.
In some cases, associations can mow the vacant lot for absentee lot owners. The association will simply charge the mowing service to the owner separately or as part of their dues.
What Happens if a Vacant Lot in an HOA is Poorly Maintained?
Proper home maintenance is imperative, even for vacant lots. Unfortunately, absentee owners might neglect their lots and allow them to go into disrepair. When this happens, there are consequences.
1. Invites Pests
Unmaintained vacant lots can turn into breeding grounds for pests. These include rats, raccoons, snakes, and insects of all varieties. These pests can burrow into the ground or hide among tall grass, making it harder to identify and eliminate them.
Not only are these pests difficult to get rid of, but they can also threaten the health and safety of residents and pets in the community. They can even multiply and spread, wreaking havoc on neighbors’ homes. Before long, the HOA will have a community-wide pest problem.
Eventually, this will force the association to allocate more funds to pest control. Failure to maintain a single vacant lot in an HOA can cause a domino effect and have a significant impact on the association’s finances.
2. Harder Maintenance
In many HOA communities, homeowners must maintain their lawns and keep grass below a specific height. These rules help preserve curb appeal, support property values, and make regular upkeep easier for everyone.
Letting the grass grow too long can lead to bigger problems. Taller grass is more difficult to cut and may require special tools or extra labor. As a result, landscaping services often charge more to handle overgrown lawns. What could have been routine maintenance can quickly become a costly fix.
3. Lower Curb Appeal and Property Values
Overgrown grass can quickly take away from a property’s appearance. It can create a messy and uneven look as some patches grow taller while others dry out. If left unchecked, weeds and woody plants can start to take over the lot.
One of the main priorities of any homeowners association is to maintain property values. When lawns are neglected, that goal becomes harder to meet. Poor curb appeal affects the entire neighborhood and can lead to declining home values. It also tends to spark complaints from neighbors and pressure on the HOA to step in.
Are HOA Vacant Lots Still Subject to HOA Fees?
In general, vacant lots are still subject to HOA fees in most communities. Ownership of a lot, whether developed or not, typically comes with automatic membership in the HOA. This membership carries financial obligations, including paying regular fees.
In short, lot owners must still pay regular fees to the association even if no one lives on the property. These fees cover the same shared expenses as everybody else, whether they build homes or otherwise. Expenses include common area maintenance, road maintenance, landscaping, insurance, and administrative costs.
Still, state laws and the governing documents can influence this. Some associations may charge a reduced rate for undeveloped lots. It is rare for an HOA to waive fees completely for undeveloped or vacant lots, as this can create a dangerous precedent.
When an owner fails to pay their dues, the association has a few options. This includes charging late fees or interest, suspending the owner’s privileges, and legal action. The HOA can even place a lien on the home and initiate foreclosure proceedings.
Is a Vacant Lot in an HOA Still Subject to Rules?
In general, vacant lots are still subject to HOA rules as well. Again, owning a lot in the association means the owner becomes an automatic member. As a member, they have certain obligations to fulfill, including the obligation to follow the community’s rules.
If an association has maintenance or mowing rules, lot owners must abide by them. If they don’t, they can face a monetary penalty, suspension of privileges, and even legal action.
An Obligation to Fulfill
Board members should know how to deal with a vacant lot in an HOA. These lots may not have built homes or inhabitants, but they are still subject to rules and obligations. One of these obligations is proper maintenance, and one owner’s neglect could affect the entire community.
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