A homeowner on Reddit's r/HOA subreddit recently sought advice regarding landscaping rules after one community resident's pollinator garden drew the ire of their neighbor.
In the post, they referenced a 2010 court decision in their state of North Carolina that found terms in a homeowners association contract requiring "clean and sightly" yard maintenance to be too vague and, therefore, unenforceable.
"We have a resident who ripped out their entire front yard and has a pollinator flower garden that is very random and their next door neighbor is always complaining that the HOA do something about it," the original poster explained.
🗣️ Should HOAs be able to force homeowners to change their yards?
🔘 Absolutely not 💯
🔘 Yes — it's part of the deal 🤝
🔘 Only in extreme circumstances 🏚️
🔘 We should ban HOAs 🚫
🗳️ Click your choice to see results and speak your mind
"My question is, given how vague our rules are with terms like neat and clean and neat and trim, wouldn't the courts likely decide our rules are too vague to be enforced?" they added.
Vagueness in HOA contracts is an excellent example of why HOA members, or tenants with strict landlords, should do a little extra research to protect their decisions. HOAs often come under scrutiny for preventing people from making upgrades to their properties that save them money over time, including native gardens and solar panels.
While homeowners in these situations are bound by contract, what some HOAs and landlords might not want you to know (or may not even know themselves) is that local ordinances, state laws, and court rulings can offer paths to legally enact eco-friendly changes without repercussions.
While the internet can assist with research, speaking with neighbors and other homeowners who have experienced or are dealing with similar issues is another valuable resource. Plus, you might even be helping someone else as well. Should you find yourself in a similar situation but don't know where to start, check out The Cool Down's Homeowners Association Guide.
Users in the comments section of Reddit post agreed that the rules the OP cited didn't seem to be enough to make the resident remove their pollinators' paradise.
"Correct," one user affirmed. "Your rules are too vague to be enforced. Leave the [pollinator] yard alone."
Another person wrote: "This is actually the rule in most states… Putting the court ruling aside, I wouldn't call a flower garden a violation just because a neighbor doesn't like it and it's different."
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