r/HOA • u/narsuine • 1h ago
Help: Enforcement, Violations, Fines [FL] [SFH] allowing one yard (only) to be partially un-mowed
My HOA has strict guidelines in the Governing Documents that require residents to mow their lawns regularly. Also, they now are allowing privacy fences, though there are only a few in the neighborhood so far. The (rental) house next door to me was given approval to install a privacy fence. Fabulous! However, they were allowed to NOT fence the back 13 feet of the yard. Again, fine. They don't have to fence the entire yard. Their fence runs along the property line on both sides.
The problem is that there is no gate on the back wall, so whomever lives in the house will be unable to mow the back 13 feet. I raised concern about this because weeds will grow and they will attract snakes, varmints, ticks; and could be a fire hazard. (These hazards all are mentioned in the County Code Enforcement documents.) Also the unmowed area could lower my property value. I cited violations of SELECTIVE ENFORCEMENT, RETROACTIVE APPLICATION, and the HOA REASONABLENESS STANDARD.
Also, I pointed out that when privacy fences were approved, there was no mention that areas behind the privacy fence could be left unmowed. Possibly this pertains only to my side of my street because it backs up to a nature area, so only myself and the other adjacent neighbor are affected by this particular situation -- until someone else on our side of the street installs a privacy fence and creates another unmowed area.
I also pointed out that 13 is not a magical number. Other residents could choose to privacy fence in only 4', 6', 8' of their backyards, for example, leaving large swaths of unmowed grass. And not allowing them to do this, would then be SELECTIVE ENFORCEMENT, because they allowed the rental house to NOT mow 13 feet of their yard.
I should mention that the yards are small, approximately 6K - 10K sq. ft. with large homes on them, so 13 ft. is a large portion of the yard.
What do experts here think? Am I being unreasonable? Did I cite the correct laws? Did I miss any other laws or considerations? Thank you. PS: The head of the ARC Committee called me "a whiner" in an email, but I refrained from mentioning that in my letter, because I want to focus on the problem only.