Can the HOA Board Add something In Addition to what is in the CC&Rs

The short answer is yes. The board usually has the power to enact rules and regulations.

The longer answer is that it will depend on what your various governing documents state. CC&R's usually give the board or association the authority to make and enforce rules. Even though some restrictions are set forth in the CC&R's, the board and/or members may elect to add other restrictions.

I agree with Janet, I think....LOL

There well could be a local law concerning such (I know there are some about grills on balconys) that might well cover it so it does not become an HOA issue.

I also believe it could be clarified as a safety issue thus not requiring CC&R changes but simply a BOD Ruling.

John I would be willing to bet that the areas are not separated in the governing documents by those on ground floors vs. those on upper floors. Generally it will be noted in the definitions as “limited outdoor space” consisting of all balconies or patios, and then referred as the “limited outdoor space common elements” in the balance of the governing documents. Now many (but not always all) condos will also have walls for ground level outdoor space to prevent encroaching on common area. An HOA has to be careful because it is a common interest community and this means in essence to be “all for one and one for all”.

If something is implemented and not equally applied then the OP can sit back and watch the fur fly and possible battle begin. The question then will be was the Board allowed under the governing documents or state statutes to pick and choose to implement a Rule which did not apply to everyone equally. Any inequality tends to loose in court battles, so why pick and choose when you can make it equal.

In AZ 33-1212. Unit boundaries

4. Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, entryways or patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.

There MOST certainly IS a safety issue as it pertains to things placed on the balcony of an upstairs patio wall but not that I can think of for a balcony below... the problem that I see is that the people on the below balcony would be or might tend to be angry if the same law(enforcement) was placed on them.... i.e. NOthing is to be placed on the upstairs balcony walls as things might fall off and go down.... the individuals on the lower balcony would argue that yes, for the above but it should not apply to individuals on the lower balcony.

A separate document titled Rules is not changing the CCR. If Board CHANGES the CCR then must get homeowner approval, so make sure you do not change the CCR without following proper guidelines.

Do the lower patios have railing also?

Those are my favorite!!! LOL ... can also remind them to whip out that cell phone camera and collect evidence to provide to the proper authorities.

Neither the upper or lower has railings... would be greatif they did.

1) any raised 'occupiable' area 30" or more above grade MUST have railings

2) portable grills are NEVER allowed on 'balconies' period, or within 10' of a structure .... built-in grills would require a building permit

3) an unrestrained object capable of falling off a 'balcony' would more than likely be covered by your county/local codes

.....if your above grade balconies/patios really don't have railings, then they are unfit for human occupancy and should be 'locked off' until 'brought to code'

Oh.... the occupiable area wall around the balcony is probably 40" tall

Carol:

Could that be consideed discrimination if one allows the bottom to havs plants on the ledges and NOT on the above... EVEN though we know why it is NOT adviseabl to have anything on the above?

There would not be any discrimination if you include all owners living above a certain floor. Discrimination only applies to protected classes (age, sex, national origin, religion, familiar status, race, disability) Ownership of a particular unit on a particular floor is definitely not included.

There are many condo association that prohibit hardwood floors on all floors except first, or those that allow BBQ on the first floor patio, but not other floors. None of these issues are discrimination.

Yes, it is discrimination. But it is not illegal discrimination unless there is a law that requires upstairs and downstairs owners/occupants to be treated equally.

Many associations have rules requiring that upstairs units have carpeted floors. Discrimination? Yes. Illegal? No.

Objects on a the ledges of second floor balconies can fall and injure those below. The same objects placed the same way on a first floor patio pose no danger. Therefore, there is no reason to treat both floors equally in this matter.

Is there nothing else to bitch about other than gravity?