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Board & governance

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

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.

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