HOA Landscapers
Hi, The HOA landscapers recently dug up 8 plants from behind my wall. I had a landscaper designer measure my property line with a measuring wheel and based upon his measurements, my property extends 7’ behind my wall according to measurements from PIMA county plot map. I also had an HOA board member confirm with a measurement and I completed a 3rd measurement confirming. The plants removed were located up to 3’ past the wall and they even dug under my wall. What recourse do I have in this situation given plants were removed on my private property? Note: I do not have a survey but confident measurements are close.
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LuAnn,
Contact the HOA and ask that they replace the plants that their landscaper removed from your property. They can either replace those planting in kind with equally mature planting of be sued in small claims court for or that cost and your cost for litigation and punitive damages for trespassing on your property. See what the associations do but if they do not respond hire an attorney.
Dennis
Thanks Dennis. So it sounds as though the HOA is liable and not the landscapers. Thank you for the clarification.
On March 1, 2024, Mission Valley HOA in Casa Grande AZ replaced City Property Management Company with RealManage. Without the homeowners voting on it. How is this possible? And, did you happen to hear about this?
Daniel,
I did not hear, nor would I ever hear of such an event without a homeowner reporting it in some way. First, I commend the association for making this important decision. The power to decide which management company the association uses is totally up to the discretion of the association board, and not ever subject to homeowner approval. While the final decision to replace a community manager must be made in open session subject to comments from the members present the members have absolutely no power to approve or reject such a move. The board make listen to comments made by the members, but the decision is exclusively that of the board alone.
Dennis