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Vague terms in CC&R’ rules

Our HOA has the following rule.

Owners shall maintain their lots in a neat, clean, and orderly fashion with a minimal amount of yard art (which such yard art must be approved in advance by the Architectural Committee). Visible unsightly clutter (storage of bottles, cans, boxes, trash, etc.) around the home or under a deck is not permitted. Lots with houses must be maintained weed free. Weeds on vacant lots must be maintained at a height of no more than 12 inches. Weed control measures must be completed no later than June 1st of each year and maintained as set forth herein throughout the growing season. If a lot needs cleaning or weeding, 15 days after a written notification to the owners, the Association may hire an agent to do the necessary work and bill the cost to the owner.

The term weeds is in question as to what it means. I maintain it is too vagur=e and needs defined. I have several vacant lots that have native grasses over 12” tall I hand remove all noxious weeds so as they do not propogate – can the association say my grasses are weeds and make me remove them or am I able to call them grass and not “weeds”.

Thank You in advance

1 Response

  1. DennisL

    Gerald,
    Unfortunately the real test or question is what does the rest of the community look like? if you are an outlier you can argue semantics all you want but the association has the upper hand and the right and duty to maintain the character of the community intended in the CC&R’s. Most desert grasses in these communities are classified as weeds and counter to the aesthetics of the community envisioned by the developer in the CC&R’s.

    Dennis

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