Section 16 - Property Maintenance

Section 16 has been updated to give owners a 20-day cure for property maintenance before the HOA can take the curative action and bill the property owner for the costs. The 20 days begins at the time of mailing the notice. There is no provision for a second notice, no provision for confirmation of notice, and no provision for appeal. So if the notice is lost in the mail or if the owner is traveling or sick and hasn't gone through the mail for a couple weeks, they could come home to an overhanging tree cut back or a replaced fence and a bill waiting for them.

That's not the most concerning part, however. The most concerning part is once the Board has provided notice on the matter, they do not have to provide notice if the same thing happens again. They can take curative action and charge the owner immediately by the plain terms of the added language as underlined and indicated below:

All property shall be maintained in reasonable condition so as to be in harmony with the general surroundings and adjacent residences so as not to impact adjacent properties negatively and must kept reasonably clean of excess trash, weeds, and other unsightly debris. Country Place, Inc. may send a written notice to the Owner of a residence that is not complying with a property maintenance requirement, providing twenty (20) days after the mailing of such written notice to comply. If lot owner fails to comply and to subsequently keep property reasonably clean, the Association or the City of Carrollton may take the curative action specified in the notice to abate, extinguish, remove or repair the violation, breach or other condition without being deemed to have committed a trespass or other wrongful act and the cost to the Association shall become a binding personal obligation of the owner of the lot enforceable in law and equity.

It is the [fails to "subsequently" keep the property reasonably clean] language that is troublesome as it suggests that if notice has been given once and the Owner cures but then later allows it to become unkempt again, there is no additional notice required. The HOA can take curative action and charge the owner without notice.

The language at the beginning is also concerning in that "harmony with general standards" is not a clear, unambiguous standard. Also, holding a homeowner to the standard of adjacent properties creates an unfair and unequal standard across the neighborhood. What if a homeowner is situated between two landscape wizards with green thumbs and his thumb is irretrievably brown. Is he expected to pay a landscape artist so that his front yard doesn't stand out like a sore thumb?

The City of Carrollton has already passed extensive ordinances regarding what is considered to be "unsightly." Assuming there are issues in the neighborhood that necessitate a change to the covenants, we believe the Proposed Deed Restrictions should permit enforcement power to the extent of ordinances already in place. Vague restrictions such as these set the stage for inconsistent application, selective enforcement, abuse, and litigation risks.