Legal Question in Civil Litigation in California
Does the HOA have a fiduciary duty to maintain the front yard of my next-door house which is in foreclosure?
I live in a single family home located in a gated area. I pay a monthly fee of $70 to our HOA.
Weeds and grass are growing wild and tall in the front yard of my next-door house which has been in foreclosure over a year.
Besides creating an ugly look for the neighborhood, the weeds are also coming to my yard and add to my work of maintaining my yard. Since April this year, I have brought this issue and my concern to the attention of our HOA a few times. Each time, the HOA responds by saying that they will address this issue with the owners of the foreclosed property.
Since the owners vacated the property over a year ago and the bank has not yet sold the property, does our HOA have a fiduciary duty to maintain the front yard of my next-door house?
Your guidance is greatly appreciated.
2 Answers from Attorneys
No. The HOA is only obligated to take care of common areas, not the private yards of members. You may, however, be able to get your local city or county to take action on it.
No, only common areas are included.
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