What is obligation of Trust to adhere to HOA requirements for appearance of a home’s yard with brown dried-out sections from hot sun?

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What is obligation of Trust to adhere to HOA requirements for appearance of a home’s yard with brown dried-out sections from hot sun?

My father died while living in neighborhood with HOA. The HOA keep threatening us to keep the home’s yard in good appearance despite the hot summer sun’s affect on grass. We keep the grass cut, weeds eliminated and home in otherwise good condition. What is the obligation of the Trust to adhere to HOA requirements? The Trust did not sign any documentation with HOA to establish a relationship.

Asked on August 18, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue I see is are the obligations concerning the yard of the unit you are writing about set forth in a recorded covenant, conditions & restrictions pertaining to the property? If so, then the Trust is obligated to maintain the yard under the recorded rules. If the rules that are being attempted to be enforced are those signed by your father, then the Trust is not obligated to follow the rules.

One option I have seen to cover up brown grass spots is to spray paint the area that is brown "green".


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