Has anyone ever dealt with bad builders?

Discussion in 'Lawn Mowing' started by dpullen4, Jun 30, 2005.

  1. dpullen4

    dpullen4 LawnSite Member
    from Indiana
    Messages: 68

    We live in a neighborhood that has 6 lots remaining that the builder hasn't mowed all year. They promise to do them, but never do.

    I've encouraged the board of our HOA to give the builder 72 hours to get them mowed and remove the debris. If they don't, we do it and bill them for it. If they don't want to pay, we put a lien on the empty lots. I was thinking of offering to do them for $40/lot(They're all about 1/3 of an acre on average).

    Do you think something like that would stand up if we went that route?
  2. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Messages: 7,547

    I dont think so, and it seems like more trouble than it would be worth.
  3. MMLawn

    MMLawn LawnSite Gold Member
    Messages: 3,569

    My first thought is that it must not really be that bad if you are willing to cut them for only $40 each esp given that you only have a Ariens homeowner Z and on top of that with a mulch kit that for sure wouldn't do very well in what comes to my mind in grass that hadn't been cut all year.

  4. Hootsma

    Hootsma LawnSite Member
    Messages: 13

    We had a similar situation in our neighborhood and I offered to cut and charge the owners. The HOA told me that I wouldn't be able to force them to pay or put a lein on their property because I did not have permission to cut from the owners and I could be charged with tresspassing. Not sure if this is true, but it seems reasonable or else we all could just go around cutting random properties and leaving invoices and/or lien notices for services performed.

  5. dpullen4

    dpullen4 LawnSite Member
    from Indiana
    Messages: 68

    I believe most HOA covenants, and ours in particular, that the homeowners have to maintain their lots to a reasonable degree or the HOA can step in and then hold the owner liable. Trust me, if someone in our neighborhood(avg house value around $225k) never cut their grass and it was a foot tall, it would get cut and they would make the owner pay. The b!tchy neighbor of mine on the board before she got fired last year sent me a letter threatening to do that for what she called "illegal dumping" along the creek line in my back yard.
  6. vaham

    vaham LawnSite Member
    Messages: 69

    Most HOA charters, rules and regs provide a means for legal remedy, but there are stipulations about legal notification, procedures, certified letters, attorneys, monetary forfeitures, attachments to deeds, civil actions, etc.

    The builder , who probably was ( and may still be) the controlling party of the Assoc (there are specific legal descriptions of when the Homeowners actually elect a board and take full control of the ASSoc.) probably wrote language into the articles of registration/incorporation that exclude him from any action while he still is a property owner..

    If it is that big of an eye sore, organize a neighborhood clean-up.. then, just do it !! The builder will not mind if you cut the grass on his vacant lots for free (but call him and get permission).

    It would be great word-of-mouth and action-advertising for your LCO business !!
  7. MMLawn

    MMLawn LawnSite Gold Member
    Messages: 3,569

    DANG what a deal then cause $225K won't even hardly buy a New starter house here.

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