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    legalrights's Avatar
    legalrights Posts: 2, Reputation: 1
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    #1

    Aug 21, 2008, 06:41 AM
    Lien on property
    Can my home owners association put a lien on my property for me not paying them for mowing my lawn?

    The CC&R's do state that I am to keep the frontage area of my property maintained. The association has been paying a mowing service to cut down the weeds/vegetation. This is an undeveloped lot in a housing development in South Carolina. I do the cutting once a year to midigate any fire hazard, however, the association feels this is not enough and has had it done as many as five times a year.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 21, 2008, 06:47 AM
    Quote Originally Posted by legalrights
    Can my home owners association put a lien on my property for me not paying them for mowing my lawn?

    The CC&R's do state that I am to keep the frontage area of my property maintained. The association has been paying a mowing service to cut down the weeds/vegetation. This is an undeveloped lot in a housing developement in South Carolina. I do the cutting once a year to midigate any fire hazard, however, the association feels this is not enough and has had it done as many as five times a year.



    What does the HOA Agreement say? In my area, yes, if the lawn is not kept "up to community standards" the HOA takes over and bills the condo owner and if the condo owner doesn't pay, then it becomes a lien, sometimes automatically.
    legalrights's Avatar
    legalrights Posts: 2, Reputation: 1
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    #3

    Aug 21, 2008, 06:59 AM
    Lien on property
    Judykaytee,

    The CC&R's do not have any mention of the ability of the HOA to perform or take over the maintenance of the property or the ability to place a lien on a property.

    Is there a better way to reply to you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 21, 2008, 07:03 AM
    I've merged your two threads. Please use the Answer This Question, Quote user or Quick Answer options to post a follow-up. Don't start a new thread.


    Don't tell is the CCRs DON'T say but what they do say. There is usually implied powers based on what they say. The point is its often within the powers of an HOA to do such things. If you don't believe the CCRs cover it, get an attorney and fight it.

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