Any Lawyers Willing to Do Pro-bono Bceause HOA Disapproves of Artificial Grass?

Updated on October 16, 2012
W.A. asks from Fremont, CA
16 answers

Hi,

This is not related to my kids but I was hoping you could help since I had tremendous help in the past.
To make it short, we recently put in artificial grass in our front lawn and th HOA disapproves it.
We did not submit an approval because we wee doing the back yard and decided since its such a small patch lets just do it as well at the last minute. Anyway there is nothing stated in the CC&R that we violates. The closest thing we could find is to use "water conservation technique for gardening".

We consulted a lawyer and he was confident we could win the case. We even went around the neigbourhood getting petition to get the CC&R changed and we got at least 70% vote but the HOA refuse to even consider it. I am sure all of you are aware lawyer fees can be so expensive so we did not pursue but obviously this issue has not resolve. The HOA has now told us if we do not remove the grass, their attorney will contact us.

P/S Just to add: Some houses are still being developed so most of the HOA members are developers. Even though it’s just a small patch, it just feels so unfair being taken advantage of.

Do you mamas know of any lawyers that can help us possible at a pro-bono for free? The issue is not now that we can't just remove it, but it seems so unfair that we try to conserve water and therefore took this route but instead now had to reap it out just because the HOA doesn't like it?

Thanks!

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More Answers

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L.M.

answers from Cleveland on

uh excuse me, you can afford artifical grass and to live in a neighborhood nice enough to have an HOA, but You aren't willing to Pay an attorney to do work for you. that's pretty crappy and pretty entitled if you ask me.

7 moms found this helpful
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J.C.

answers from Philadelphia on

It is probably not in the bylaws because who would think someone would "plant" fake grass. I can not imagine any lawyer taking this case on without getting compensated. It is not like they would recover a fee if they won the case. Just curious, do you ever work for free?

7 moms found this helpful

J.S.

answers from Hartford on

It's very doubtful that you'll get a pro bono lawyer for an issue like this. Would YOU throw away your own hard work for free over something like this?

Court fees will cost more than the fake grass. Just take out the fake patch since it's so small. I don't get why this is such a big deal unless it's become a pride issue. It doesn't sound like it's about "water conservation" if you did it in the back and only a small patch in the front... unless they're asking you to rip out ALL of the artificial turf.

Even then, the HOA has every right to expect it and request it. You have every right to appeal it, but if it's denied that's just part of living in an HOA.

EDIT: And for reals... artificial grass? Is that really a (horribly tacky) battle that you want to fight? I'd be so embarrassed to even have that garbage in my yard at all, let alone going to ask neighbors to sign a petition to bring to the HOA. No lawyer is going to touch this one even if you pay them.

6 moms found this helpful

J.W.

answers from St. Louis on

Associations have a lot more power than people realize and there tends to be vague language to cover the butts. Usually saying you must have approval to do whatever.

I think you will be hard pressed to find an attorney that will take the case for nothing. In spite of what the attorney said, and I assume you weren't paying them or they said sure we can win, give me a thousand, homeowners rarely win these cases. If you ask an attorney to do it for nothing that is the assessment they will give you.

You said it was a small patch, just rip it out.
______________________________________________________
Christine's post reminded me of one huge reason attorneys and courts hate this, people know what is or is not allowed but they do it anyway figuring they won't make a fuss, and sometimes they don't. Thing is when they do the homeowner will always lose.

I am 99.9% sure I can put an out building in my back yard even though it is against the indentures. I am sure if I did I would tell myself it is just a small shed, not an out building. The difference is if they called me on it I would take it out, not call it unjust.

6 moms found this helpful
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V.P.

answers from Columbus on

Just another reason I would NEVER move to a neighborhood with an HOA. Sorry you're going through this -- I've never known anyone to do well with an HOA. My 77 year old father spent two days in 90 degree florida heat putting up a shed in his back yard. It's not visible from the street, but he kept getting visits from a neighbor who is on the HOA board while he did it. They waited until he was completely done putting it together to tell him it was in violation and he had to take it down. He had no idea and the nosy neighbor never said word one about it to him while he toiled away, but reported him. To me, HOAs are perfectly ridiculous -- if you've purchased the land and it's in your own yard, they should have no say over it. Bunch of self-important twits, if you ask me. Hope you win -- good luck!

ETA: So funny to read the comments defending HOAs -- I live in a beautiful old neighborhood and somehow, without the micromanaging of a group of self-agrandizing bureaucrats, we all manage to have beautiful lawns, respectable fences, and tasteful properties. Meanwhile, my sister was restricted to only having a wooden play set in her yard while the HOA installed a public swing set -- a METAL swing set, in the empty lot next to her house -- breaking their own rule after forcing her to spend a lot of money on a wooden set. We have no busybodies telling us how to live, just beautiful homes in one of our city's most desirable neighborhoods. Believe it or not, not everyone needs to be micromanaged. And no, we don't have plastic grass, but I've never seen it either.

4 moms found this helpful
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S.B.

answers from Houston on

Oh I feel your pain in regards to HOAs. Personally, I wouldn't want my next door neighbor planting fake grass in their yard. While I haven't seen yours, I'm not a fan of it. I don't believe you are being taken advantage of, I think your HOA doesn't want fake grass. You need to really read your HOA bylaws. Have they told you exactly which bylaw you are violating? If not, then let them take you to court. They have to prove their case. If this isn't in any of the bylaws, you are violating any and they have to prove you are!

4 moms found this helpful
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L.C.

answers from San Francisco on

You might want to try emailing Marjorie Murray at the Center for California Homeowner Association Law. She is a tireless advocate for the rights of owners against HOAs. Her email is ____@____.com. Their address is 1305 Franklin Street, Suite 201, Oakland, California 94612. Website is
www.calhomelaw.org. Phone is ###-###-####

Good luck! L.

3 moms found this helpful
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A.V.

answers from Washington DC on

You would be unlikely to win. I'd take it out and replace it with something acceptable, like local plants or desert plants. Friends of ours lived in Nevada and had no grass because it was so dry so they used cacti and other drought resistant plants and decorative rocks instead.

3 moms found this helpful
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P.K.

answers from New York on

I guess my question is why do u want artificial grass. If it is a small patch just plant the real thing. Is it really worth spending money on lawyers for this!

2 moms found this helpful
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R.M.

answers from Cumberland on

So let them get an injunction and take you to court-represent yourselves-you might win-if you don't win-will you have to pay court costs? Fines? A fine for every day the grass was still in the front? These questions are what you need to consider. I know of a guy in my sister's neighborhood that pays a monthly fee to fly the American Flag-think the pendulum has swung a little too far?
Good luck-I'm glad the HOA in your neighborhood doesn't have a care in the world-only to agonize and frustrate themselves over your artificial grass-must be nice.

2 moms found this helpful

D.B.

answers from Boston on

Lawyers usually do pro bono work for charities, not for individuals.

You could check with legal aid and see if someone will review the regulations for you very quickly, or give you an answer based on common practices. I would be very surprised if any homeowners association would allow artificial turf, frankly. And I think the association is made up of residents, so going around them to get a petition may be considered a complete disregard of the existing system.

You may need to go back to your original lawyer. If you value the services and feel this is a battle you want to fight, you really have to be willing to pay for it.

2 moms found this helpful
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K.S.

answers from Miami on

I'm not a lawyer but I will tell you, you need to read your HOA Documents. From experience I can tell you that many HOA documents specifically state that artifical plants are not allowed. Additionally it usually says that any changes to the outside of the unit must be pre approved by the Architectural committee. When you purchased your property you agree to live by those covenants of your association. But you do have things you can do. If you say as stated 70 percent were ok with the material change to the outside then research yoru docs. How many percent of the owner are needed to get something put on the agenda for the annual meeting. You can get new board members in who are more inclined to what you want or get on your self or get a vote put on to include fake grass. Note if your documents state specially no artificial you need to check your docs to see how individuals are needed to change that. You could get owners who are more inclined than you and come annual meeting time throw over the board. In Florida a board member cannot be outstanding more than 3 months on assessments and remain on the board. Not sure of Cali

2 moms found this helpful
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F.C.

answers from Tampa on

Haven't read all the answers - but check with your state statutes on eco-friendly landscaping, etc. Many times these statutes will actually "trump" these HOA rules :)

If you find something like that then print out the statute. Highlighting the area.

I would also contact the local bar association and see if they have anyone who could help

1 mom found this helpful
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B.C.

answers from Los Angeles on

Well, I have volunteer my time for many years. I was a scout master and assistant scoutmaster and both those were unpaid positions.

I have campaigned for Romney and that was an unpaid position so it wouldn't surprise me that a lawyer that hates HOA's would do it for free or at least a minimal charge.

If I was a lawyer, I'd do it.

There is a HOA next to our street. I saw a paid "public servant" sticking a yard stick in people's lawns to check the height of the grass. (Reminds me of the cartoon "Over the Hedge".) That is why, I have discounted, as not worth it, in HOA areas.

Good luck to you and yours.

1 mom found this helpful

C.C.

answers from San Francisco on

I'm kind of thinking that there are a few tenants' rights organizations in Berkeley. I know you're a homeowner, but it's along the same lines. You may try one of the pro-bono places in Berkeley and at least get some advice on how to handle this. I mean, they say their lawyer is going to contact you, but in order for them to WIN the case, they have to have case law in place, which they don't. You have green grass in your front yard (and the new artificial lawns are beautiful, you honestly can't tell there's any difference between those and actual grass, except that the artificial ones are so much more beautiful, usually!).

Anyway, check around in Berkeley. We used to own property there that we rented out, and they have some VERY active tenants' rights organizations there... lots of pitbull lawyers you could make use of.

N.G.

answers from Dallas on

Have they quoted to you exactly what bylaw you are violating? They can't exactly pursue legal action if there isn't a specific bylaw that you are violating, and they are obligated to tell you what that is.

If you are certain (and I mean REALLY certain) that you haven't violated any bylaw of any sort, then let them pursue it, and take you to court. They have the burden of proving that you have done something wrong.

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