What to do if my condo association won’t take care of my front lawn as outlined in our association agreement?

I’m a condo owner. Before moving in 3mos ago, builder dug up my front lawn w/out notification/permission and poorly reseeded it. Parts of lawn have no grass, other parts are mostly weeds and crab grass. For 3 months I’ve asked my HOA to resolve the problem. The lawn is a common area falling under their direct care. They told me it’s builder’s responsibility. Builder has not fixed the problem either. Now my weeds aren’t even mowed on a reg. basis (currently over 1ft tall). My fees are up to date and other front lawns are well-maintained. Is this a form of discrimination? City won’t help. What should I do?

Asked on August 13, 2012 under Real Estate Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to bring an action against the HOA based upon a breach of the association agreement.  If it is the builder's doing then it is their problem to bring him in to the suit or to sue him directly to fix the condition he created.  Your issue is with the HOA.  Good luck.

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