Lot Maintenance Request

Information

Dear North 40 HOA Homeowners,

As we move through the driest, highest-risk weeks of Montana's wildfire season, we're asking every homeowner in North 40 to take a close look at their lot and make sure grass, weeds, and brush are cut back and under control. This isn't a routine reminder — dry, overgrown vegetation right now is a genuine fire risk to your home, your neighbors' homes, and the surrounding land we all share. A single spark from a mower blade, a vehicle, or a passing ember can turn an unmowed lot into a serious problem very quickly.

We know most owners already keep their lots in good shape, and we appreciate it. This letter is a reminder for everyone, and a direct notice to the handful of lots where grass and weeds have gotten ahead of maintenance this summer.

What the Covenants Require

The North 40 Covenants are clear that fire prevention through routine lawn and lot maintenance is every owner's responsibility, not just a courtesy. Article IV, Section 4.B ("Trimming of Grasses") states:

“Each Owner shall keep grass, shrubbery and trees trimmed in order to reduce the danger of fire within the property and shall otherwise maintain the improvements and the general condition of the site to minimize fire hazards.”

The Second Amendment to the Covenants, Article IV, Section 5 (“Lawn Care and Weed Control”), goes further and spells out what happens when a lot isn't maintained:

“The Lot owners shall be responsible for the installation and care of the lawns, sprinkler systems and landscaping on their lots and for the care, maintenance and replacement of trees and shrubbery located on their lot. However, if a lot owner fails to adequately water, control weeds, fertilize or mow the grass, the Association or sub-Association may do so and charge the cost thereof to the lot owner.… Unimproved lots shall be kept free of weeds. If a lot must be cleared of weeds and if the lot fails to do so after notice from the Association, the weeds may be cleared and controlled and cost and expense associated with such weed maintenance shall be assessed to the lot owner and such assessment may become a lien if not paid within thirty (30) days of the mailing of such assessment.”

In plain terms: if a lot isn't mowed and maintained, the Association is authorized to have it done and bill the owner for it, and an unpaid bill can become a lien on the property.

What the Town of Ennis Requires

This obligation isn't just an HOA Compliance matter — it's town law. The Ennis Town Code, Chapter 2 (Weed Control), makes it unlawful for a property owner to allow noxious weeds or uncontrolled vegetation that creates a fire hazard, whether the lot is occupied or vacant:

“It shall be unlawful for the owner to allow the noncontrollable growth of vegetation on occupied or unoccupied lots in the town that will represent a fire hazard.” (Ennis Town Code § 4-2-2)

Under the Town Code, if an owner doesn't control fire-hazard vegetation within ten (10) days of being notified by the Town, the Town may assess the cost of removal as a special tax against the property, in addition to any fine (§§ 4-2-2, 4-2-3). This means an unmowed, overgrown lot can trigger action — and cost — from both the Town and the Association.

What We're Asking

Please mow, trim, and clear weeds and brush on your lot within thirty (30) days of the date of this letter — by October 8, 2026. This applies to improved and unimproved (vacant) lots alike.

If a lot remains overgrown and deemed a risk after that date, the Board will proceed under Article IV, Section 5 of the Second Amendment: the Association will arrange for the lot to be mowed and cleared, and the cost will be billed to the owner. Unpaid assessments become a lien after thirty (30) days. Separately, and regardless of any HOA action, the Town of Ennis may independently issue a fire-hazard notice and special tax assessment under its own code.

We would much rather see everyone stay ahead of this than have to send a formal notice or arrange maintenance ourselves. If you're dealing with a situation that makes it hard to keep up with mowing — travel, health, equipment trouble, anything — please reach out to us before the deadline. We're glad to talk through it.

Thank you for helping keep North 40 a safe, well-kept neighborhood this fire season. We appreciate your attention to this and your cooperation.

Sincerely,

Shannon Hanssler, Chris Gentry, and Connor Schultz

Board of Directors

North 40 Homeowners Association