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  #1  
Old 12-30-2004, 09:46 AM
Junior Member
 
Join Date: Dec 2004
Posts: 2
Angry

They're harassing my mom


What is the name of your state? Nevada

My mother purchased a 2nd home in Las Vegas for her retirement in 3 years. She lives and works on the East coast. When she bought her home, the Community Standards office gives their residents 3 months to landscape their lot. My mother's realtor, suggested a landscaper who has worked in the community in the past. The landscaper finished my mom's lot when she returned to her home on the East coast. Upon her second visit, to Las Vegas, she found a notice regarding a fine plus interest for the tree that was planted in her yard that was over 36 inches tall. My mom called the landscaper and he told her that it was no more than 36" tall and he has used these same trees in the community before. My mom has since had the tree removed and the Community Standards office is satisfied. However, they are still charging the $700 because they claim the tree was not removed right away so they're charging the fees from the day the tree was there, until it was removed. That's bogus!

Any advice? I believe this is just a scam that the Community Standards committee uses to get money from their older, helpless residents.
  #2  
Old 12-30-2004, 09:56 AM
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Join Date: Jun 2004
Posts: 7,579
Did you mother tell the landscaper to comply with the "community standards" for landscaping?

Did he, in fact, comply?

If he did, your mom owes the money.

If he didn't, your mom still owes the money buy she can sue the landscaper in small claims to get it back, assuming the answer to the first question was "yes".
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  #3  
Old 12-30-2004, 10:53 AM
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Join Date: Oct 2004
Posts: 49
Did the Community Standards office make a reasonable effort to contact your mother? I'm sure they're sending their HOA fees to an address on the East Coast, so why didn't they send the non-compliance notice to this address.

It also sounds like as soon as your mother found out about the non-compliance, she corrected the situation.

Unfortunately these are usually people who have all the free time in the world to make other people's live miserable. I can visualize this guy right now driving around in his golf cart with his tape measure and camera.

Why don't you send a letter and agree to pay the fine from the day your mother actually got the notice til the day she came back into compliance. If they want to play hardball, call their bluff. I'm guessing a judge will be more reasonable then they are.
  #4  
Old 12-30-2004, 12:18 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by that'sjustwrong
What is the name of your state? Nevada

My mother purchased a 2nd home in Las Vegas for her retirement in 3 years. She lives and works on the East coast. When she bought her home, the Community Standards office gives their residents 3 months to landscape their lot. My mother's realtor, suggested a landscaper who has worked in the community in the past. The landscaper finished my mom's lot when she returned to her home on the East coast. Upon her second visit, to Las Vegas, she found a notice regarding a fine plus interest for the tree that was planted in her yard that was over 36 inches tall. My mom called the landscaper and he told her that it was no more than 36" tall and he has used these same trees in the community before. My mom has since had the tree removed and the Community Standards office is satisfied. However, they are still charging the $700 because they claim the tree was not removed right away so they're charging the fees from the day the tree was there, until it was removed. That's bogus!

Any advice? I believe this is just a scam that the Community Standards committee uses to get money from their older, helpless residents.
**A: so where is the full written explanation as to tree removal dates and times, type of tree and specified approved height etc. sent by the landscaper. And why did your Mom not demand that the landscaper communicate directly with the HOA to resolve the problem at that time? There is more to this story.
  #5  
Old 01-01-2005, 01:24 PM
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Join Date: Dec 2004
Posts: 2
Okay, I have since spoken with the Community Standards Asst. Mgr. (Mgr. was on vac.). She told me that residents have 3 months to landscape and 30 days from the date of purchase to submit a landscape plan for approval. My mom's landscaper submitted a plan, the plan was approved by the Committee and it was the landscaper that did not follow his plan. I spoke to my mom's realtor (the one who recommended this landscaper) and she said the plans were approved but the landscaper didn't plant what was on the plan. I tried to contact the landscaper but he's in Mexico for vacation. The Asst. Mgr. told me that she would try to reduce or dismiss the fine at a hearing this Wednesday. She told me she understands the situation, but my mother is still liable b/c she is the homeowner. I still think it's wrong. She told me to go after the landscaper for the $700, but that would be another headache. My mom is wondering if she should just pay the fine so they could stop harassing her.

PS: Yes, all non-compliance letters from the Committee were sent to her Vegas address while she was on the East coast. My mom has since written 3 letters of appeal to the CS Manager.
  #6  
Old 01-01-2005, 01:29 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by that'sjustwrong
Okay, I have since spoken with the Community Standards Asst. Mgr. (Mgr. was on vac.). She told me that residents have 3 months to landscape and 30 days from the date of purchase to submit a landscape plan for approval. My mom's landscaper submitted a plan, the plan was approved by the Committee and it was the landscaper that did not follow his plan. I spoke to my mom's realtor (the one who recommended this landscaper) and she said the plans were approved but the landscaper didn't plant what was on the plan. I tried to contact the landscaper but he's in Mexico for vacation. The Asst. Mgr. told me that she would try to reduce or dismiss the fine at a hearing this Wednesday. She told me she understands the situation, but my mother is still liable b/c she is the homeowner. I still think it's wrong. She told me to go after the landscaper for the $700, but that would be another headache. My mom is wondering if she should just pay the fine so they could stop harassing her.

PS: Yes, all non-compliance letters from the Committee were sent to her Vegas address while she was on the East coast. My mom has since written 3 letters of appeal to the CS Manager.
**A: now that makes more sense. Next time provide the facts up front.
Tell mother to go to the hearing and plead for mercy.
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