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Violation issued from HOA re Driveway and Sidewalks are dirty
Anonymous2 views1 answers
Our HOA have issued homeowners with a violation notice ‘’to remove the stains from the driveway and sidewalks’’. They refer us to their DCCR section 12 headed up ‘’Garbage and Litter’’ worded ‘‘It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkempt conditions of any lot or dwelling located on any lot or dwelling which tend to substantially decrease the beauty of the community as a whole. No lot shall be used or maintained as a dumping ground for rubbish, trash or other waste. All trash, garbage and other waste etc. etc.’’. Do the HOA have the right to insist that we clean the above when at no point does this clause mention driveways and sidewalks? Look forward to your response.
Cameron Royal KellyBusiness AttorneyStillwater, MN ·
My initial impression is that the rule cited has a different purpose than the one it is being used for. Hire an attorney and push back. Be careful though, there may be other provisions of the declaration putting the responsibility for maintenance of the sidewalks onto the homeowner.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.
