Full question:
Does the Doctrine of Past Practice apply to Homeowners Associations? For the past two years, our Homeowners Association's contractor would maintain the back yards of homeowners with fenced in back yards. Now the homeowners association wishes to change lawn maintenance contractors, for a cheaper price, but the board of directors wish to assert the original covenant that releases the homeowners association from maintaining the back yards having fences.
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: Georgia
Answer:
The Doctrine of Past Practice in labor law refers to practices that have been consistently recognized and accepted by the parties involved. This doctrine is often used to resolve grievances when contract language is unclear or contradictory. For a past practice to be recognized, it typically must meet four criteria: it should be clear and consistently applied; it should not be a special, one-time benefit; both parties must be aware of and accept the practice; and it must have occurred repeatedly over a significant period.
In the context of homeowners associations (HOAs), the association is responsible for maintaining common areas, while individual homeowners usually handle the upkeep of their own properties, including fenced backyards. The HOA's governing documents, such as covenants, conditions, and restrictions (CC&Rs), outline the responsibilities of both the association and the homeowners. If the HOA has consistently maintained fenced backyards in the past, this could be considered a past practice. However, if the original covenant explicitly states that the association is not responsible for maintaining those areas, the board may have the authority to change contractors and discontinue the maintenance service.
Ultimately, whether the Doctrine of Past Practice applies depends on the specific governing documents of the HOA and the history of maintenance practices. Homeowners may need to review their association's bylaws and covenants to understand their rights and the board's powers in this situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.