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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.