Your Stories: Homeowners Feeling Hosed Over Landscaping Issues

Homeowners say Desert Trace community landscaping is dead

Homeowners in one Coachella Valley neighborhood say they're paying for something they're not getting.

His home is the biggest purchase of his life and Ed Miller wants pride of ownership.

"We want a community we're proud of, (where we can) bring our family for a birthday party," Miller said.

Dead landscaping outside the gates of the Desert Trace Community, also called The Sandstone Collection at Shadow Hills in Indio, has Miller, and many neighbors, upset.

Miller says landscaping issues haven't been resolved for at least two years.

"Not one person out there working on our lawns, cleaning it up," he complained.

It's not uncommon to have issues with your homeowners association. According to Yahoo finance, experts say 75-percent of California HOAs are in some type of legal battle.

In this case, it's not clear who to point the finger at.

In almost all gated communities, homeowners pay association dues. Dues are nearly $100 dollars a month in Miller's case. The money is typically used for maintenance.

Nicol Herris, President of the Desert Trace Homeowners Association, says 80 percent of homeowners have complained about landscaping.  A homeowner, herself, Herris says they are valid concerns but the perimeter landscaping is not the HOA's responsibility.

"The exterior landscaping is still under the developer's jurisdiction," Herris said. "Century Vintage petitioned the city of Indio to put perimeter landscaping into (an assessment district)," Herris explained.

Herris says homeowners are paying thousands of dollars every year, collectively, for exterior landscaping through additional property taxes. It's part of Assessment District 50. Assessment Districts can legally be formed to pay for community projects that impact homeowners in a specific area. A majority of homeowners, within the district, must vote to approve it. Herris says the developer owned the majorty of parcels in the community so homeowners didn't have a say.  Herris says exterior maintenance is the responsibility of the developer or the city of Indio.

Since the development, which has more than 200 homes, is not finished, it's not clear which party is responsible now.

It's a fact that leaves Miller frustrated. Homeowners are already footing the bill.

"Stop dragging their feet," he said about what he would like to see done. "We want stuff to happen... now."

Chris Escobedo, acting spokesperson with the City of Indio, says they will be responsible for maintenance. They have assessment district funds held in a trust but can't take over until the developer is finished with irrigation and electrical work. Escobedo says Indio and the HOA will split costs for maintenance after the work is completed.