How does an HOA board mow or clean up a neglected lot and bill the owner for it?
By OurHOA · General information · Revised
How an HOA board uses its self-help right to mow or clean up a neglected lot: notice rules in TX, FL and CO, the vote, entry day, billing and a sample timeline.
Part of the HOA board handbook: running the board.
The short answer
If your declaration lets the association enter a lot and do maintenance the owner skipped, the board can hire a contractor to mow, trim or haul off debris and bill the owner for the cost. Lawyers call this self-help or abatement. Do it in this order: confirm the clause, send the notice your state and your documents require, wait out the cure period, vote at a board meeting, give written notice of the work date, send an insured contractor, photograph before and after, and bill the actual cost with the vendor's invoice attached. Skip a step and the owner can argue the charge is invalid or the crew trespassed. Self-help fits work a crew can finish in an afternoon: tall grass, weeds, dead shrubs, a fallen limb, a junk pile. It is the wrong tool for anything behind a locked gate, inside a building, or needing a permit. Rules vary by state and by your governing documents, and this guide is general education, not legal advice.
Read the entry clause before you send anything
Find three provisions in the declaration. The maintenance standard says what the owner must keep up, ideally with a measurable line such as a maximum grass height. The entry clause says whether the association may go onto the lot after notice, how much notice it owes, and whether the right covers the whole lot or only what is visible from the street. The cost clause says whether the bill becomes a specific assessment, a lien charge or a plain debt. If there is no entry clause, stop. A crew on the lot would be trespassing, and your tools are fines, a suit for an injunction, or the city. In Texas, Health and Safety Code section 342.006 lets a city with a weed ordinance do the work when the owner ignores a notice for seven days, and section 342.007 lets it lien the lot for the cost. Florida and Colorado local governments run code programs by ordinance, and a code officer costs the association nothing. If the home is vacant or in foreclosure, find the owner of record before you spend money you may never recover.
Send the notice your state requires
One letter starts the cure clock and warns the owner that the association will do the work and bill for it. Texas. Property Code section 209.006(a) requires notice by certified mail before the association levies a fine or charges an owner for property damage. A self-help bill is not named in that list, but it is close enough that sending a 209.006 notice first is the safe course. The notice must describe the violation, state any amount due, give a date to cure, say the owner may request a hearing on or before the 30th day after mailing, and mention possible rights under the Servicemembers Civil Relief Act for owners on active duty. Section 209.006(i) lists a maintenance violation as curable, so the cure date must be reasonable. If the owner asks for a hearing, section 209.007(c) requires the board to hold it within 30 days of the request and give at least 10 days' notice of it. Florida. Chapter 720 has no separate self-help procedure, so the declaration sets the notice. If the board also fines, section 720.305(2)(b) requires at least 14 days' written notice of a hearing before a committee of at least three owners who are not directors, officers or employees, and a violation cured before the hearing cannot be fined. Colorado. Section 38-33.3-209.5(1.7)(b) requires certified mail, return receipt requested, with 30 days to cure an ordinary violation and a second 30 days before the association may take legal action, or 72 hours for a health or safety threat. Notices go out in English and any language the owner has asked for, and fines for one ordinary violation are capped at $500 in total. The statute does not say whether sending a crew is legal action, so let both periods run unless health or safety is at stake. Wording you can adapt: "The front and side yards at [address] have grass and weeds above the [X]-inch limit in Article [__], Section [__] of the declaration. Please mow, edge and remove the weeds by [date]. If the work is not done by then, Article [__] allows the association to enter the yard, have the work done by a licensed contractor and charge the cost to your account. You may request a hearing before the board by [date]. Photos taken on [date] are enclosed."
Line up the vendor and take the vote
Get a written quote while the cure period runs, ideally from the association's regular landscaper, whose crew knows the lot lines. Check its certificate the way our guide on checking a vendor certificate of insurance describes, and tell the vendor in writing that the crew stays out of fenced backyards, garages and sheds. Never let a director or volunteer do the work: that person becomes witness, vendor and decision maker at once, and an injury on someone else's lot is a claim nobody wants. When the cure date passes, reinspect, take dated photos from the street, and put the matter on a board agenda. A motion the secretary can record: "Moved that, the owner of [address] having received notice dated [date] under Article [__] and not having cured the violation by [date], the association engage [vendor] to mow, edge and remove weeds and debris from the front and side yards at a cost not to exceed $[amount], and charge the actual cost to the owner's account as provided in Article [__]." The cap keeps the bill tied to what the board approved. Then send a short letter with the work date, even if the clause does not require notice of entry. "A crew from [vendor] will be on the lot on [date] between 8 a.m. and noon" heads off a call to the police and gives the owner one last chance.
Work day, the bill and the ledger
Have one director or the manager nearby with a phone camera, and photograph the lot from the same spots before and after. If the owner comes out and says they will handle it, let them, note it, and pay any trip charge. Do not argue on the lawn. Bill the actual cost when the vendor's invoice arrives, with the invoice, the photos, the authorizing clause and a due date. Add no markup or administrative fee unless the declaration allows one, because an inflated bill is the easiest part of a self-help charge to attack. Post it to the owner's ledger as its own line, labeled as a maintenance charge-back, and do not call it a fine or an assessment unless the declaration does. That label matters when you collect: - Texas: section 209.0063(a) applies payments to assessments, then collection costs, attorney fees and fines, and last to any other amount owed. A charge-back the declaration does not treat as an assessment sits at the bottom, so a partial payment will not reach it. - Florida: the lien in section 720.3085(1) secures assessments and the other amounts that section lists, so whether a charge-back rides on it depends on whether your declaration makes it an assessment. A fine under $1,000 cannot become a lien under 720.305(2). - Colorado: section 38-33.3-316(1)(a) says fees and charges may be liened but not foreclosed under the act, and 38-33.3-209.5(1.7)(c) requires a monthly itemized statement to every owner with a balance.
A sample timeline for a Texas lot
A June case with grass well over the limit: - Day 0: On the monthly walk-through, a director photographs the lot from the street. - Day 3: The 209.006 notice goes by certified mail, with a cure date of day 24. - Day 25: Reinspection. Not cured. The landscaper is asked for a quote. - Day 33: The 30-day hearing request window closes with no request. - Day 36: The board passes the motion with a $250 cap. - Day 37: The entry letter names day 44 as the work date. - Day 44: The crew mows and bags the weeds. Photos go in the file. - Day 46: The owner gets the bill, due in 30 days. - Day 76 on: The balance shows on each monthly statement, and the board decides whether it justifies small claims court. In Colorado, two 30-day cure periods put the crew on the lot closer to day 75. If a Texas owner requests a hearing, hold it before the vote.
Mistakes boards make with self-help
- Skipping the notice because the owner never answers letters. The cure period is what makes the bill collectible. - Doing work the clause does not cover, such as a fenced backyard when the right reaches only what is visible from the street. - Sending a crew to fix a brown lawn during watering restrictions. Colorado section 38-33.3-302(1)(k)(II) bars fines for failing to water when local restrictions are in place and the owner is following them, and Texas section 202.007 protects drought-resistant landscaping and water-conserving turf. Cut the weeds and leave the brown grass until the restrictions lift. - Enforcing against one lot while three others on the street are just as overgrown. Notice them all, or expect a selective enforcement defense; our guide on running a violation hearing covers keeping the record even. - Cutting a lock, opening a gate or entering a building. Self-help stops at the open parts of the lot unless the clause plainly says otherwise and your attorney agrees. - Tracking the charge in a side spreadsheet. If it is not on the owner's ledger, the resale certificate will miss it when the lot sells.
Sources
- Texas Property Code chapter 209 (sections 209.006, 209.007 and 209.0063)
- Texas Property Code chapter 202 (section 202.007)
- Texas Health and Safety Code chapter 342 (sections 342.006 and 342.007)
- Florida Statutes section 720.305: fines, suspensions and hearings
- Florida Statutes section 720.3085: assessments and lien claims
- Colorado Revised Statutes 2026, title 38 (sections 38-33.3-209.5, 38-33.3-302 and 38-33.3-316)
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.
More from the board handbook
- New HOA board member checklist: what to do in your first month
- Should an HOA board adopt a code of conduct, and what should it say?
- What does an HOA board need to do each month of the year?
- How do you get more homeowners to run for the HOA board?
- What written policies should every HOA board have?
- Should HOA board members use personal email, and how should the board manage passwords?
- How should an HOA board handle a disruptive homeowner at a meeting?
- How can an HOA board track decisions and action items between meetings?
- How do we run an HOA annual meeting when we expect not to reach quorum?
- How should an HOA board run a fair violation hearing before it fines an owner?
- What should an HOA board do when an owner threatens to sue?
- How do we set up an HOA architectural review committee from scratch?
- How should an HOA board announce a new rule and get owners to accept it?
- How should an HOA board run a town hall before a big owner vote?
- How do we write an HOA parking enforcement and towing policy?
- How should an HOA board run a goal-setting session at the start of a term?
- How do we hire an attorney for our HOA?
- How do we write a clubhouse rental policy for our HOA?
- What should our HOA board do when an owner's fence or shed encroaches on common area?
- How should our HOA board write a fine schedule for rule violations?
- How do we hold our HOA annual meeting online or as a hybrid meeting?
- How should our HOA board write a courtesy violation letter to an owner?
- How do we reinstate our HOA corporation after the state dissolved it?
- What should our HOA board do when a director stops coming to board meetings?
- How should our HOA board respond to a rezoning or development proposal next to the neighborhood?
- How do we host a candidate forum before our HOA board election?
- How do we write an HOA policy for memorial benches, trees and other donated items?
- What should our HOA board do when an owner asks for an election recount?
- How do we make our HOA condo building smoke-free?
- How do we write a lost and found and abandoned property policy for our HOA?
- How does an HOA board enforce a short-term rental ban?
- How do we write minutes for an HOA executive session?
- What should an HOA board do when a director leaks executive session information?
- What should our HOA board do when the president signs contracts or acts without board approval?
- Owners delivered a petition for a special meeting. What does the HOA board have to do?
- How do we adopt an HOA policy on recording board meetings?
- An owner sued our HOA in small claims or justice court. What does the board do now?
- What should an HOA board do when a board member dies in office?
- How do we hand off the HOA secretary role to a new secretary?
- How do we fix a typo or error in our recorded HOA declaration or plat?
- How does an HOA board change its registered agent and mailing address?
- A former HOA board member won't return the checkbook, keys or files. What can the board do?
- How do we rename our HOA, the community, or the private streets inside it?
- How can our HOA board thank volunteers without paying them?
- How does an HOA board shut down or restart a committee that stopped meeting?
- How does an HOA board write a five-year plan?
- An owner bought the lot next door and wants to combine the two lots. What does the HOA board do?
- What do we do when the developer still runs our HOA architectural committee after turnover?
- What e-bike and scooter rules can our HOA set for trails, paths and sidewalks?
- How should our HOA board handle an owner's request for a backyard gate onto common area or a trail?
- How should an HOA board resolve a conflict between two directors?
- How do we write a chart of which HOA decisions an officer, the board or the owners make?
- How does an HOA board run an annual self-evaluation of its own work?
- What should an HOA board do when an owner builds without architectural approval?
- How should our HOA board decide an owner's variance request?
- How do we set golf cart rules for our HOA streets and paths?
- How should our HOA board review an owner's request to build an ADU or casita?
- An owner wants to install a standby generator. How should our HOA board review the request?
- How do we write the hurricane protection specifications our Florida HOA is required to adopt?
- An owner wants to install a heat pump or mini-split. How should our HOA board review the request?
- How do we write HOA design standards for artificial turf?
- An owner wants to install a storm shelter or safe room. How should our HOA board review the request?
- How should our HOA board handle an owner who wants to run a licensed child care home?
- How should our HOA board handle a short-term rental that has become a party house?
- Our HOA has had no board for years. How do owners restart it?
- An owner is renting out their driveway on a parking app. What can our HOA board do?
- We just took over our HOA from the developer. What should the new owner board do first?
- How do we run our HOA board election, from the call for candidates to announcing results?
- How does a Colorado HOA board register or renew with the Division of Real Estate?
- How does an HOA board take action by unanimous written consent between meetings?
- How do we hand off the HOA president role to a new president?
- How should our HOA board set guest limits, guest passes and guest fees for the pool and other amenities?
- What should an HOA board do when a board email account is hacked?
- How do we write an HOA board meeting agenda?
- How should our HOA board split up the work among directors so one person isn't doing everything?
- How do we write an HOA board resolution, and when do we need one instead of a motion?
- Our HOA was just served with a lawsuit. What should the board do first?