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  1. #1
    QuestN4u is offline Junior Member
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    Feb 2010
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    Exclamation HOA Problems- HELP! ASAP!

    What is the name of your state (only U.S. law)? Florida
    hi! we are having some really bad problems with a president of an HOA in the community where we rent a home. he decided that there was not enough mulch, a highly toxic and dyed type of mulch, placed around our lawn. so he ordered the landscapers to put it everywhere. we explained that we were allergic to the mulch and that our baby has asthma and could have breathing problems from this. then he threatened to evict us because he did not receive a copy of our lease renewal form, something he never asked from us. so we had the mulch closest to our home, doors,and windows removed and left the rest (seen from the street). this was unacceptable to him. he ordered the landscapers to return and add more mulch. so we sent an email to him and the HOA and management and threatened to sue if they if they placed any more mulch on the property because of our health concerns. we also noted that we would call the police and file a restraining order and complaint if this HOA president trespassed or stepped foot near our property (which by the way is a zero lot line- like .10 acre). the HOA and management threatened to return with more mulch anyway. we then threatened to remove any mulch that they kept adding. what rights do we have as tenants to remove this mulch? to call the police on this HOA president? to sue this HOA president, management, and HOA? how we get them to stop mulching this property? we asked many times very politely so this email was the last straw. the landlord then threatened to evict us if we did not stop communicating with these people. the landlord also claimed the bylaws stated that all landscaping must be the same. however, no quantities and distributions - of mulch - are mentioned anywhere in these bylaws. so what rights do we have as tenants when our health and the health of our baby is at stake? please offer some help! this mulch is bad stuff but these people are more concerned about image and power than health. thanks for any advice!What is the name of your state (only U.S. law)?
  2. #2
    Ozark_Sophist is offline Senior Member
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    The HOA must make reasonable accommodations under the Fair Housing Act. Talk to a local attorney or housing advocate and file a complaint with the usdoj.
  3. #3
    QuestN4u is offline Junior Member
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    Exclamation HOA Problems- HELP! ASAP!

    thank you for your response, Ozark_Sophist. can we call the police to remove anyone - including the HOA president and landscapers - from putting more mulch down at this time? they told us they are returning today to put more mulch down. also is a parents' allergies and a son's asthma considered a disability under the fair housing act?
  4. #4
    CLJM is offline Member
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    Quote Originally Posted by QuestN4u View Post
    What is the name of your state (only U.S. law)? Florida
    hi! we are having some really bad problems with a president of an HOA in the community where we rent a home. he decided that there was not enough mulch, a highly toxic and dyed type of mulch, placed around our lawn. so he ordered the landscapers to put it everywhere. we explained that we were allergic to the mulch and that our baby has asthma and could have breathing problems from this. then he threatened to evict us because he did not receive a copy of our lease renewal form, something he never asked from us. so we had the mulch closest to our home, doors,and windows removed and left the rest (seen from the street). this was unacceptable to him. he ordered the landscapers to return and add more mulch. so we sent an email to him and the HOA and management and threatened to sue if they if they placed any more mulch on the property because of our health concerns. we also noted that we would call the police and file a restraining order and complaint if this HOA president trespassed or stepped foot near our property (which by the way is a zero lot line- like .10 acre). the HOA and management threatened to return with more mulch anyway. we then threatened to remove any mulch that they kept adding. what rights do we have as tenants to remove this mulch? to call the police on this HOA president? to sue this HOA president, management, and HOA? how we get them to stop mulching this property? we asked many times very politely so this email was the last straw. the landlord then threatened to evict us if we did not stop communicating with these people. the landlord also claimed the bylaws stated that all landscaping must be the same. however, no quantities and distributions - of mulch - are mentioned anywhere in these bylaws. so what rights do we have as tenants when our health and the health of our baby is at stake? please offer some help! this mulch is bad stuff but these people are more concerned about image and power than health. thanks for any advice!What is the name of your state (only U.S. law)?
    The "issue" is between the HOA and the property owner. You are the tenant, and have no standing; you are not the property owner, only the tenant of the property owner, and as such, your communication should only be with the property owner. Your landlord is correct---and he/she has instructed you to stop communicating with the HOA. As he/she has also told you, the bylaws, of which he/she as the property owner is governed by, requires that "all landscaping must be the same".
    Your "rights" are through your landlord, the property owner. Apparently, your landlord is in agreement with the HOA, therefore, your best choice is to either have your landlord negotiate a solution with the HOA, or for you to move.
  5. #5
    You Are Guilty is offline Senior Member
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    Jun 2004
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    10,950
    Other than your personal belief of an allergy to the mulch, what evidence do you have to support your opinion?
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  6. #6
    tranquility is offline Senior Member
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    I agree with YAG. That is the question. Even if sued in nuisance, an expert will have to opine before a court decides. I don't think the OP could stop it, but if she could, it would cost her many thousands of dollars in legal fees.
  7. #7
    HomeGuru is offline Senior Member
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    81,918
    Please provide the test results showing that the mulch was toxic.
  8. #8
    redhorse59 is offline Junior Member
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    Quote Originally Posted by CLJM View Post
    The "issue" is between the HOA and the property owner. You are the tenant, and have no standing; you are not the property owner, only the tenant of the property owner, and as such, your communication should only be with the property owner. Your landlord is correct---and he/she has instructed you to stop communicating with the HOA. As he/she has also told you, the bylaws, of which he/she as the property owner is governed by, requires that "all landscaping must be the same".
    Your "rights" are through your landlord, the property owner. Apparently, your landlord is in agreement with the HOA, therefore, your best choice is to either have your landlord negotiate a solution with the HOA, or for you to move.
    I disagree, If there is a health issue all you need to do is contact "Code enforcement" and they will handle the rest. It is illegal for any professional to place any product near or on a person(s) placxe of residence ( does not require "person(s)" to be the "owner" (can be a tenant) once the professional has been notified that a substance causes any health issues to the tenant(s)
    residing at the location. If they continue, contact code enforcement and then contact a personal injury attorney as you can sue the pants off multiple people involved.
  9. #9
    swalsh411 is offline Senior Member
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    Dec 2009
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    You registered an account just so you could necropost?

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