IAAL requested info, association powers

RePOST: in maine, can a home owners association place a lien on your home for non-payment of an assessment directly applied to the maintenance of non-association property. the association board wants people to pay for mowing a median strip owned and deeded to the city. we already pay for maintenance through taxation but the city does not want to mow often enough. the board says it has the athority because a bylaw says "any common benefit" thanks,
Additional Info requested by IAAL: o.k. here is the exact wording under purpose of assessments (some dont appear to apply)

(a) the cost and management of snow removal if not publicly provided (the road has been accepted/deeded to the city)

(b) maintenance, repair and replacement of the roads as shown on the plan, which roads shall remain private UNTIL or UNLESS the association brings the roads to a level of acceptability under the then existing road standards of the city and the roads are made public, as well as all electrical and telephone cables, water, sewer and drainage pipes, equipment and facilities located in the common areas; (i thought this explained it, but I guess its more complicated)

(f) such other common benefits on such terms as the directors may determine from time to time.

also, if bylaws can so easily be changed and the Declaration can be ammended by the members, what good is any of the info. Our articles of incorporation are supposed to govern but they do not contain any specifics and direct us to Maine non-profit corp act which in parts refer back to the bylaws. Holy confusion.
thanks,

[I AM ALWAYS LIABLE]

For HomeGuru:

Dear Homie:

Please read the following URL and see if you can help to assist this writer.

[url]http://forum.freeadvice.com/showthread.php?postid=236573#post236573[/url]

I appreciate and thank you for your assistance in this matter.

Your pal,

IAAL

[HomeGuru]

Originally posted by 1111
RePOST: in maine, can a home owners association place a lien on your home for non-payment of an assessment directly applied to the maintenance of non-association property. the association board wants people to pay for mowing a median strip owned and deeded to the city. we already pay for maintenance through taxation but the city does not want to mow often enough. the board says it has the athority because a bylaw says "any common benefit" thanks,

**A: yes, the HOA can file a lien. Look at the history and you will see that the HOA owned this property and then deeded it to the City.
Unless the City accepted full and complete responsibility for the property including but not limited to mowing, repair, irrigation etc., the HOA may still maintain liability.
If the HOA has no "caretaking" or other responsibility, you could argue that the HOA is not responsible and therefore fees should not be charged for upkeep of this median strip.
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Additional Info requested by IAAL: o.k. here is the exact wording under purpose of assessments (some dont appear to apply)

(a) the cost and management of snow removal if not publicly provided (the road has been accepted/deeded to the city)

(b) maintenance, repair and replacement of the roads as shown on the plan, which roads shall remain private UNTIL or UNLESS the association brings the roads to a level of acceptability under the then existing road standards of the city and the roads are made public, as well as all electrical and telephone cables, water, sewer and drainage pipes, equipment and facilities located in the common areas; (i thought this explained it, but I guess its more complicated)

**A: there have been cases whereby property was deeded to government entities by HOA's, but government did not accept the property and hence did not assume liability for ownership, maintenance etc.
***********

(f) such other common benefits on such terms as the directors may determine from time to time.

also, if bylaws can so easily be changed and the Declaration can be ammended by the members, what good is any of the info. Our articles of incorporation are supposed to govern but they do not contain any specifics and direct us to Maine non-profit corp act which in parts refer back to the bylaws. Holy confusion.
thanks,

**A: the HOA needs to hire an attorney to provide a legal opinion on the HOA docs. There should be protocol already in place for safeguards and rules governing any change to the House Rules, Declaration, By-Laws etc.

Thanks Home Guru:
The City planner has told me that they fully own the property and all maintenance responsibilities are that of public works dept. He mentioned in some cases the city has granted permission to HOA's to mow but hold harmless etc. must be signed. How would this affect me/us. Does giving permission give additional power? Would it then be allowed?
Thanks,

[HomeGuru]

Get that in writing from the City then take the letter to the HOA as your basis for refusing to pay your prorata share of mowing the median strip since it is not the HOA's legal responsibility.

would an email from the city planer stating (clip from actual email)
be considered in writing?

Bob,
In response to the questions:

1. Indeed, the City does own and is responsible for the maintenance of the Wedgewood Drive median strip.

2. With regard to permitting the association to mow and maintain the median, we (the DPW) has, on limited occasions, permitted homeowners and/or associations to mow and maintain cul-de-sacs. There are conditions that must be met, however. Insurance, an agreement, a hold harmless, etc. and other conditions as may be identified by the DPW and the City Attorney to protect the City from liability would be required. Each case will be looked at independently. Safety, traffic conditions, and other considerations would determine if we would even consider allowing private maintenance. I am not in the position to render an answer at this time for this specific situation.

Thanks,

[HomeGuru]

The email would be considered in writing but don't count on it. Count on a letter from the City planner on the official City letterhead and signed by the City official in his capacity.